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Home My WebLink AboutMinutes - City Council - Regular - 11/21/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 21st day of November, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren; Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one was absent CITIZEN COMMENTS Citizens expressing comments to the Council were: (1.) Wayne Taack, representing the Remington Park Neighborhood Association, appeared to discuss improvements at the Remington Park playa lake. Also appearing representing Remington Park Neighborhood Association were Gwen Jones and Lisa Stane. This playa lake area is in the process of being turned into a natural bird and wildlife habitat. At this time, the Association needs an agreement only, not funding, which should take place at a December meeting. ( IA.) Jan Patterson, CEO of Deerwood Construction, Inc., spoke concerning Bid No. 227-02/RS, Item 32 on today's agenda. Ms. Patterson gave a handout concerning this item, which stated "In light of the concerns mentioned above, I hereby protest the closed bidding procedure used in Bid Number 227-02-RS and request that prior to awarding the bid, the City Council open the bids and make them available to the public for review." (113.) The following citizens spoke concerning stopping evening services and irregular routing schedules with Citibus. John Hobgood, Volunteer for American Red Cross and Life Runs Center for Independent Living Thearl Gaddis R. L. Grubbs, M.A., M.Ed., Assistant Professor, Department of Rehabilitation Sciences, TTUHSC Michelle Crain, Executive Director, Life Runs Center for Independent Living City Manager Bob Cass stated the Transit Advisory Board was working on this matter, which will be brought to work session at a later meeting. ( 1C.) Carl Bagwell, 2601 — 241" Street, spoke to Council concerning his property. Mr. Bagwell asked that Council give him until the December 12, 2002 meeting to finish some projects on his home. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager; City Secretary); to deliberate, vote and take final action on electric rates of Lubbock Power and Light and to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's Regular City Council Meeting November 21, 2002 Page 420 relationship with and membership in the West Texas Municipal Power Agency (Electric Utilities); pending or contemplated litigation (Business & Neighborhood Development; City Secretary's Office; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Water Utilities) and the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings. 8:10 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Business & Neighborhood Development; City Secretary's Office; Police Department; Water Utilities). (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Advisory Committee & Subcommittees West Texas Municipal Power Agency Board of Electrical Examiners Board of Health Building Board of Appeals Community Development & Services Board Community Relations Commission Joint Airport Zoning Board Libraries Board Youth Commission —Adults Youth Commission —Students Zoning Board of Adjustment (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings. 9:47 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present. (8.) Discuss health benefits request for proposals process. Quincy White, Assistant City Manager (30 minutes) 420 Regular City Council Meeting November 21, 2002 Page 421 This enabled Council to discuss the bid process prior to formal action on the group health insurance plan. Next were Regular Session and the invocation by Father Harry Allen. ( 9.) Discuss the proposed 2003 State Legislative package and omnibus policy. Tony Privett, Director of Communications/Legislation (15 minutes) This item was moved from Work Session to Regular Session and considered with Items 50 and 51. Council was asked to consider legislative items to initiate, support, and —" oppose in the 781h Texas State Legislature, along with the Legislative Omnibus Policy. (10.) Presentation on Public Improvement Districts. Craig Farmer, Director of Planning/Transportation (10 minutes) This item was moved from Work Session to Regular Session and considered following Item 51. Neighborhood Associations and other special interest groups are expressing a high interest in forming Public Improvement Districts (PIDs). The purpose of this presentation was to describe the concepts associated with PIDs and receive City Council input and possible direction regarding the intent to develop a model for staff. Craig Farmer, Director of Planning/Transportation, gave a presentation. Mr. Farmer suggested consideration of a contract with Schrader and Cline as consultants to develop a model to be used locally. Council Member Hernandez requested this item be considered at the December 12, 2002 council meeting. 10:35 A. M. WORK SESSION RECESSED 10:45 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one was absent. Mayor McDougal called the meeting to order at 10:45 A. M. (11.) Invocation by Father Harry Allen, St. Paul's Episcopal Church on the Plains. (12.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CONSENT AGENDA (Nos. 14-19, 21-30, 32, 34) Motion was made by Council Member Patterson, seconded by Council Member Cooke to approve Items 14-19, 21-30, 32, 34 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of Minutes: September 26, 2002 Regular City Council Meeting This item was moved from Consent Agenda to Regular Agenda and was considered following Item 31. Council Member Martin stated that in the September 26, 2002 minutes, Item 46 that was in the agenda packet stated that additional information would be furnished to the Council on that day before that item was brought up. It was the day Council awarded all the insurance contracts for liability insurance. There was information passed out at the meeting on 421 Regular City Council Meeting November 21, 2002 Page 422 one of those that had to do with the purchase of property insurance coverage from Coregis Insurance Company. Mr. Martin contacted Ms. Garza, City Secretary, and they have added all the information from Risk Management and amended Item 46. Motion was made by Council Member Martin, seconded by Council Member Patterson to approve the minutes as amended. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 35. (14.) ORDINANCE #2002-0124—Abandoning and closing a 20-foot alley in Block 228, Original Town Addition to the City of Lubbock (1110 19th Street) (second and final reading). ORDINANCE NO. 2002-00124 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY LOCATED IN BLOCK 228, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 2002-0125 abandoning and closing a portion of 661h Street in Section 36, Block AK, Lubbock County, Texas (6302 661h Street) (first reading). ORDINANCE NO.2002-00125 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66Tx STREET LOCATED IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 7,559 square foot portion of the north side of 661h Street, just west of Iola Avenue. This area is being replatted and the requestor is Marc Shipton. 661h Street is designated as a 64-foot wide collector street, but was originally dedicated as an 80-foot wide street. Therefore, there is 8 feet of excess street dedication on each side of 661h Street and this ordinance closes an 8-foot by 944.86-foot portion of it. The requestor of this street closure will not be charged for the street area since he is dedicating more street area in his new plat than is being closed. Right -of -Way Department recommended approval of the first reading of this ordinance. (16.) Resolution No. 2002-RO502 authorizing the Mayor to execute an amendment to the management agreement between APCOA/ Standard Parking and the City of Lubbock and authorizing the Mayor to execute additional amendments extending this agreement on a month -to -month basis until the audit is completed. RESOLUTION NO. 2002-RO502 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Parking Management Agreement with APCOA/Standard Parking, Inc extending the agreement for operation of the parking facilities at Lubbock International Airport to December 31, 2002, and authorizing the Mayor to execute additional amendments extending this agreement from month to month until the audit is completed. The Amendment to December 31, 2002 is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 422 Regular City Council Meeting November 21, 2002 Page 423 Passed by the City Council this 21st day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2002-R0502. The City of Lubbock is currently under contract with APCOA/Standard Parking for the management and. operation of the parking facilities at Lubbock International Airport. The agreement had an initial term of 30 days, expiring on September 30, 2002. The City entered into the 30-day agreement to allow time for an external audit to verify APCOA's financial position. The term of the agreement was amended to October 31, 2002, and again to November 30, 2002 to allow additional time for the external auditor to conduct the audit. Staff has been advised by the City Attorney that a minimum of an additional 30 days will be required to complete the audit. As such, this agenda item involved the approval of an amendment to the management agreement for one additional month, extending the term to December 31, 2002. The proposed amendment was provided in the council meeting backup. This item also authorized the Mayor to continue extending the agreement on a month -to -month basis, if necessary, until the audit is completed and the results are reported back to the City Council. LIA staff has been directed to begin the process of rebidding the parking agreement and to consult with the Airport Board as the process advances in order to allow that body to make an informed recommendation to Council. This included the possibility of terminating APCOA prior to the award of a new bid and directing LIA staff to run parking operations in the interim. Staff recommended approval of this resolution. (17.) Resolution No. 2002-RO503 in support of a grant application in the amount of $20,900, in response to a request for proposals from South Plains Association of Governments (SPAG) and the Texas Commission on Environmental Quality (TCEQ) for fiscal year 2003 Solid Waste Grant Programs for household hazardous waste related items. RESOLUTION NO.2002-RO503 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE SUBMISSION OF A FY 2003 REGIONAL SOLID WASTE GRANTS PROGRAM APPLICATION TO THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND AUTHORIZING THE CITY MANAGER TO REPRESENT 423 Regular City Council Meeting November 21, 2002 Page 424 THE CITY OF LUBBOCK IN ALL MATTERS PERTAINING TO THIS APPLICATION. WHEREAS, protection of the State's environment has become a growing concern in Texas particularly with regard to the potential environmental risks associated with the disposal of municipal solid wastes; and WHEREAS, in accordance with legislative action, the citizens of the State of Texas, either directly or indirectly, pay into a state -managed solid waste tipping fee fund which provides the Texas Commission on Environmental Quality (TCEQ) the funding to administer a variety of programs designed to afford the state a higher degree of environmental protection; and WHEREAS, a portion of these TCEQ-administered tipping fee funds have been made available to the state's local governments through the regional councils of governments of Texas to provide grants for regional/local solid waste management projects; and WHEREAS, the primary intent of these grant funds is that they be used to implement/enhance programs at the regional/local level which promote the management goals of the regional and state solid waste plans; and WHEREAS, the City of Lubbock is eligible to receive these funds and desires to undertake a program which advances the solid waste management goals and objectives of the state solid waste management plan and the Panhandle Regional Solid Waste Management Plan. NOW THEREFORE, be it resolved by the City Council of the City of Lubbock, Texas: 1. That the City of Lubbock is applying for a total of $20,900.00, of which $16,450.00 will be used to construct and/or purchase a pre -fabricated Household Hazardous Waste (HHW) storage building, $2,000.00 will be used to purchase supplies and equipment associated with the HHW storage building, and $2,450.00 will be used to co- host with Lubbock County a regional seminar on ways to control illegal dumping. 2. That the City Council of the City of Lubbock designates the City Manager to act as its duly authorized representative in all matters pertaining to this application. 3. That any grant funds received will be used for their intended purpose. 4. That as a condition of funding, the City of Lubbock agrees to provide the necessary certifications and assurances required by the TCEQ. CONSIDERED AND APPROVED THIS 21 ST DAY OF NOVEMBER, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works 424 Regular City Council Meeting November 21, 2002 Page 425 APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney The Solid Waste Services Department's grant application requested $18,450 in funds for the purchase of a Household Hazardous Waste (HHW) storage building that will be used to properly store HHW that is collected from citizens, placed in alleys or illegally dumped until the materials can be collected and disposed of by a professional company. The $2,450 in funding is to host a regional seminar on ways to control illegal dumping. HB 3072 mandates that the TCEQ return to local governments a portion of the state surcharge ($1.25 per ton) collected on landfill tipping fees. The funds are apportioned to each Council of Governments based on a formula that includes, but is not limited to, population, need, and number of counties in the Council area. The Councils then conduct a competitive grant application process to address the needs of their specific region. This year, SPAG has approximately $176,000 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single jurisdiction award to 25% of the total available funding. Budget Impact This grant is for one-time expenditures for equipment and training and will have no impact on the Solid Waste budget. Staff recommended approval of this resolution. (18.) Resolution No. 2002-RO504 authorizing acceptance of water and sanitary sewer improvements for Tract 1, Lubbock -Cooper Elementary Addition to the City of Lubbock, Lubbock County, Texas (1081h Street and Flint Avenue). RESOLUTION NO. 2002-RO504 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT 1, LUBBOCK-COOPER ELEMENTARY TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract 1, Lubbock -Cooper Elementary, to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $85,423.73 with the improvements constructed by Allen Butler Construction, Inc., having a value of $64,184.00 as determined by the unit prices established by said Chapter 28, and $21,239.73 cash paid to the City, which amount includes $19,956.05 cash for adjacent lines, with Lubbock -Cooper Independent School District, the developer, to receive a refund of $16,830.29 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0- and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $16,830.29 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 425 Regular City Council Meeting November 21, 2002 Page 426 Passed by the City Council this day 21st of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $85,324.73 and has a value of $64,184 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $21,239.73, which includes $19,956.05 for adjacent mains. The developer, Lubbock -Cooper Independent School District, will receive a refund of $16,830.29 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Indiana and Flint Avenues and North of 1081h Street. Staff recommended approval of this resolution. (19.) Resolution No. 2002-RO505 authorizing acceptance of water and sanitary sewer improvements for Tract A, Cox Comm Addition to the City of Lubbock, Lubbock County, Texas (63`d Street and Iola Avenue). RESOLUTION NO. 2002-RO505 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT A, COX COMM ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Cox Comm Addition, to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $35,506.09 with the improvements constructed by Rink's Lease Service, having a value of $16,741.40 as determined by the unit prices established by said Chapter 28, and $18,764.69 cash paid to the City, which amount includes $18,127.54 cash for adjacent lines, with Workstage LLC, the developer, to receive a refund of $7,330.17 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0- and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 426 Regular City Council Meeting November 21, 2002 Page 427 SECTION 2. THAT the refundable cost in the amount of $7,330.17 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 21 st of November, 2002. /S/ MARC MCD DUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the 9subdivision dhas a value of $16,741a40 as of the improvements is $35,506.0 determined by the unit prices established by Chapter he C8 y of t e Cod Lubbock Ordinances of the City of Lubbock. Cash paid to $19,764.69, which includes $18,127.54 for refund not mains. 330.17 hn developer, Workstage LLC, will receive a accordance with Chapter 28. There is no refund tdeposit. from Homestead The subdivision is located between 63 dand to Iola Avenues. Staff recommended approval of this resolution. (20.) Resolution No. 2002-R authorizing the Mayor to execute an agreement with Nextel WIP Lease Cot 50 ht Street and Joliet Avenue for the use of the City g of Lubbock's elevated storage tank at 5 for wireless communication equipment. This item was deleted. Street Maintenance Resolution No. 2002-RO506 accepting Secondary (21.) Lone Star Dirt &Paving, Inc., under Improvements constructed by the 2002 Secondary Streets Maintenance a ce Program. RESOLUTION NO RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: d a contract February 28, 2002, _ WHEREAS, The City of Lubbock award e improvements by Lone Star authorizing the construction of streets; residential street maintenance Dirt and Paving Inc., on City streets have WHEREAS, the improvements upon the said portions of the approved plans and been inspected and found to have been constructed according to the specifications; NOW THEREFOR RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: BE IT 427 Regular City Council Meeting November 21, 2002 Page 428 SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $33,387.49. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 21st day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney This item is a routine acceptance of the 2002 Secondary Streets Maintenance Program, which consisted of various types of patching, single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $696,081.20. Final contract price is $716,275.45. Various types of patching and seal coat work for the Parks Department accounted for $48,525.60, which came from their accounts. Final payment due the contractor upon acceptance is $33,387.49. Adequate funds are available in the Permanent Street Maintenance Fund for this payment. The Street Department recommended approval of this resolution. (22•) Resolution No. 2002-RO507 authorizing the Mayor to exec industrial tax abatement agreement with Frito Lay. ute an RESOLUTION NO. 2002-RO507 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized directed to execute for and on behalf of the City of Lubbock an Agreement an and all rel documents by and between the City of Lubbock and Frito Lay, attached hereto ated and which minutes of this shall be spread upon the minutes of the council and as spread upon the min Council shall constitute and be a part of this Resolution as if fully copied herei Passed by the City Council this 21 st day of November, 2002. n in detail. /S/ MARC MCDOUGAL _ MARL MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary MW Regular City Council Meeting November 21, 2002 Page 429 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0507. The City of Lubbock received an application for industrial tax abatement from Frito Lay to expand and modernize their facility at 3203 Avenue B. The facility is not located inside an Enterprise Zone, but the City Council has created a Reinvestment Zone at the location of the existing plant. The second reading of the ordinance creating the Frito Lay Reinvestment Zone was approved at the October 24 City Council meeting. The project for Frito Lay consists of the modernization and expansion of the existing facility. The expected investment in the facility and equipment is approximately $6.5 million. Since some of the projects are internal, real property value is expected to increase an estimated $2 million as a result of the proposed capital projects. Frito Lay will not increase their employment at this time, but will maintain the 305 employees currently at the facility. The annual payroll for the existing employees is $9.7 million. The average wage of the employees at Frito Lay is approximately $32,000. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company. Market Lubbock considered this application at its October 16, 2002 Board Meeting and has recommended a 10 year, declining scale tax abatement (example: 15t year 100%, 2nd year 90%, etc.) for the project. The abatement amount for the City of Lubbock is approximately (based on expected increase in real property value of $2 million): Year 1 100% $11,400 Year 6 50% $ 5,700 Year 2 90% $10,260 Year 7 40% $ 4,560 Year 3 80% $ 9,120 Year 8 30% $ 3,420 Year 4 70% $ 7,980 Year 9 20% $ 2,280 Year 5 60% $ 6,840 Year 10 10% $ 1,140 The total city abatement over the life of the contract is $62,700. The total county abatement over the life of the contract would be $33,424. Frito Lay will invest $6.5 million in their existing facility, but the project will increase real property value by an estimated $2 million. Under the current guidelines, Frito Lay is eligible and meets all the criteria for tax abatement. Staff recommended approval of this resolution. (23.) Resolution No. 2002-RO508 authorizing the Mayor to execute a commercial tax abatement agreement with Wilkerson Investment Co. RESOLUTION NO. 2002-RO508 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Wilkerson Investment Co., attached hereto and which shall be spread upon the minutes of the council and as spread upon the 429 Regular City Council Meeting November 21, 2002 Page 430 minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0508. The City of Lubbock has received an application for commercial tax abatement from Wilkerson Investments to build a new freight terminal facility for Watkins Motor Lines at the northwest corner of 661h Street and Elm Avenue (411 East 661h Street) in the Lubbock 2000 South Enterprise Zone. The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $500,000. This facility will create approximately 2 new jobs over the next 6 to 8 months. Market Lubbock considered this application at its October 16, 2002 Board Meeting and has recommended a 5 year, declining scale tax abatement (example: I" year 100%, 2°d year 80%, etc) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $2,850 Year 2 90% $2,280 Year 3 80% $1,710 Year 4 70% $1,140 Year 5 60% $ 570 The estimated total city abatement over the life of the contract is $8,550. The estimated total county abatement over the life of the contract would be $4,558. The project will add $500,000 in new value to the tax base in the South Enterprise Zone. Under the current guidelines, Wilkerson Investment Co. is eligible and meets all the criteria for tax abatement. Staff recommended approval of this resolution. (24.) Resolution No. 2002-R0509 approving an application for participation in the Texas Short Term Asset Reserve Program (TexSTAR). 430 Regular City Council Meeting November 21, 2002 Page 431 RESOLUTION NO. 2002-RO509 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the May of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Application/Agreement to become a Participant in the Texas Short Term Asset Reserve Program (TexSTAR), by and between the City of Lubbock and First Southwest Asset Management, Inc., and related documents. Said Application/Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. -- Passed by the City Council this day 21st of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Andy Burcham Andy Burcham Cash & Debt Manager APPROVED AS TO FORM: /s/ William de Haas Contract Manager/Attorney A copy of the Application/Agreement is filed with Resolution No. 2005-R0509. The City's Investment Review Committee (IRC) recommended that the -- City enter into an Application for Participation in TexSTAR. TexSTAR is a local government investment pool created under the Interlocal Cooperation Act specifically tailored to meet Texas State and local government investment objectives of preservation of principal, daily liquidity and competitive yield. The fund is rated AAAm by Standard and Poor's and maintains a weighted average maturity of 60 days or less, with a maximum weighted average maturity of 13 months for any individual security. The fund seeks to maintain a constant dollar objective and fulfills all of the requirements of the Texas PFIA for local government investment pools. TexSTAR is administered by JP Morgan Chase and First Southwest Asset Management, Inc. Together, these organizations bring to the TexSTAR program the partnership of two leaders in financial services with a proven and noted track record in local government investment pool management. The City currently uses two local government investment pools: Texas Local Government Investment Pool (TexPool) and Local Government Investment Cooperative (LOGIC). Texpool is operated by the Comptroller of Public Accounts and administered by Lehman Brothers Inc. and Federated Investors, Inc. LOGIC is administered by SWS Capital Corporation and Citigroup Asset Management. -- The City's IRC desires to continue operating with more than one investment pool alternative. This increases liquidity and diversifies the City's investment holdings among multiple pools. At this time, the City's IRC desires to withdraw all funds from LOGIC and deposit those funds with TexSTAR. LOGIC maintains a diversified portfolio, which includes commercial paper. LOGIC limits the amount of commercial paper in its portfolio to no more than 50% of its holdings. Commercial Paper is an approved 431 Regular City Council Meeting November 21, 2002 Page 432 investment for the City of Lubbock and is authorized by the Public Funds Investment Act. However, the City's IRC feels that in the current economic climate, the slight risk of commercial paper does not outweigh the additional earnings potential from this investment source. LOGIC consistently holds the maximum commercial paper limit (50% of the portfolio) in its portfolio and only minimally outperforms all other investment pools. Both TexPool and TexSTAR (Cash Fund) are prohibited from holding any commercial paper in their portfolios; therefore, the IRC feels this a prudent decision in moving funds from LOGIC to TexSTAR at this time. The IRC will continue to monitor LOGIC's performance at each quarterly IRC meeting. It is necessary to designate authorized representatives on the new accounts at TexSTAR. The designation of "Authorized Representative" provides full power and authority to transmit funds for investment in TexSTAR and withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. All transactions require dual signatures for added security and compliance with the City's Investment Policy. The "Authorized Representatives" will include: Quincy White, Assistant City Manager Beverly Hodges, Managing Director of Finance Andy Burcham, Cash & Debt Manager Melissa Trevino, Budget Director The City's IRC recommended approval of this resolution. (25.) Resolution No. 2002-RO510 changing authorized representatives in the public funds investment pool known as the Local Government Investment Cooperative ("LOGIC"). RESOLUTION NO. 2005-RO510 A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the City now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: Signature: /s/ Andy Burcham Printed Name: Andy Burcham Title: Cash & Debt Manager 432 Regular City Council Meeting November 21, 2002 Page 433 Signature: /s/ Beverly Hodges Printed Name: Beverly Hodges Title: Managing Director of Finance Signature: /s/ Melissa Trevino Printed Name: Melissa Trevino Title: Budget Director Signature: /s/ Quincy White Printed Name: Quincy White Title: Assistant City Manager The foregoing supersedes and replaces the City's previous designation of officers, officials or employees of the City as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City is a participant in the public funds investment pool known as the Local Government Investment Cooperative ("LOGIC"). The City now wishes to update and designate authorized representatives on the City's accounts with LOGIC. The City entered into an Interlocal Agreement with LOGIC on May 23, 1996. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to deposit money to and withdraw money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the City in LOGIC. All transactions require dual signatures for added security and compliance with the City's Investment Policy. The updated "Authorized Representatives" will include: Quincy White, Assistant City Manager Beverly Hodges, Managing Director of Finance Andy Burcham, Cash & Debt Manager Melissa Trevino, Budget Director 433 Regular City Council Meeting November 21, 2002 Page 434 Staff recommended approval of this resolution. (26.) Resolution No. 2002-RO511 amending authorized representatives in the public funds investment pool known as the Texas Local Government Investment Pool ("TexPool"). RESOLUTION NO.2005-RO511 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, CITY OF LUBBOCK (the "City") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. THAT an Authorized Representative of the City may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City's TexPool account or (2) is no longer employed by the City; and SECTION 3. THAT the City may be Amending Resolution signed by the City add an Authorized provided the additional Authorized Representative is an officer, employee, or agent of the City; SECTION 4. THAT the following persons are Authorized Representatives of the participant. These individuals will be issued P.I.N. numbers. 1. Name: Andy Burcham Signature: /s/ Andy Burcham 2. Name: Beverly Hodges Signature: /s/ Beverly Hodges 3. Name: Melissa Trevino Signature: /s/ Melissa Trevino 4. Name: Quincy White Signature: /s/ Quincy White Title: Cash & Debt Manager Direct Phone Number (806)775-2149 Title: Managing Director of Finance Direct Phone Number: (806)775-2161 Title: Budget Director Direct Phone Number: (806)775-2984 Title: Assistant City Manager Direct Phone Number: (806)775-3089 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Andy Burcham 434 Regular City Council Meeting November 21, 2002 Page 435 SECTION 5. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the City at its regular/special meeting held on the 21 st day of November, 2002. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City is a participant in the public funds investment pool known as the Texas Local Government Investment Pool ("TexPool"). The City now wishes to update and designate authorized representatives on the City's accounts with TexPool. The City entered into a Participation Agreement with TexPool on May 28, 1998. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to transmit funds for investment in TexPool and withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. All transactions require dual signature for added security and compliance with the City's Investment Policy. The updated "Authorized Representatives" will include: Quincy White, Assistant City Manager Beverly Hodges, Managing Director of Finance Andy Burcham, Cash & Debt Manager Melissa Trevino, Budget Director Staff recommended approval of this resolution. (27.) Resolution No. 2002-R0512/RFP #193-02/RW—for Wireless Data Communications System (Information Technology). RESOLUTION NO. 2002-RO512 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a wireless data communications system, by and between the City of Lubbock and The Presidio Corporation of Flower Mound, Texas. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 435 Regular City Council Meeting November 21, 2002 Page 436 Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0512. The City of Lubbock and Access Lubbock, a partnership of community - related, non-profit organizations, applied for and received a Community Network Grant from the Telecommunications Infrastructure Fund in March 2002. The organizations participating in the partnership are: • Boys and Girls Clubs of Lubbock — three locations • Lubbock Housing Authority • YWCA • Maggie Trejo Supercenter • Mae Simmons Community Center • Patterson Library • Godeke Library • Groves Library • Mahon Library The grant proposal consisted of the following four components to provide technology to the Community Network partners: • Wireless data communications between the partner sites and the City's central Information Technology computer room. • Video Conferencing equipment at strategically placed Community Network partners. • Streaming video training solution to allow patrons of the partner sites online training opportunities. • Internet connectivity, if desired, to allow high-speed Internet access to the Community Network partners. For the wireless component, Information Technology released a high-tech Request for Proposals, on which we received 17 responses. The responses were evaluated according to the following criteria: Functional (40%) Cost (30%) Vendor experience (20%) References (10%) Most of the proposals included quotes for engineering, design, site survey, and installation costs. The committee, however, rejected that portion of the proposals choosing instead to allow City of Lubbock staff to install this equipment as a cost saving measure. 436 Regular City Council Meeting November 21, 2002 Page 437 Funding for this project is provided by the Community Network Grant. Staff recommended purchase of the wireless equipment from The Presidio Corporation of Flower Mound, Texas at a cost of $87,421. (28.) Resolution No. 2002-R0513; Resolution No. 2002-R0514; Resolution No. 2002-R0515; and Resolution No. 2002-R0516/BID #203-02/RS— for Automobiles and Light Duty Trucks (Fleet Services). RESOLUTION NO. 2002-RO513 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automobiles and light duty trucks, by and between the City of Lubbock and Gene Messer Ford of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0513. RESOLUTION NO. 2002-RO514 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automobiles and light duty trucks, by and between the City of Lubbock and Scoggin-Dickey Chevrolet -Buick of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 437 Regular City Council Meeting November 21, 2002 Page 438 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0514. RESOLUTION NO. 2002-RO515 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automobiles and light duty trucks, by and between the City of Lubbock and Shamrock Chevrolet of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0515. RESOLUTION NO. 2002-RO516 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automobiles and light duty trucks, by and between the City of Lubbock and J&B Trailers & Equipment, Inc. of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Im Regular City Council Meeting November 21, 2002 Page 439 Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0516. This bid is for the purchase of automobiles and light duty trucks for the following departments: Public Information, 1 unit, spec 403 Risk Management, 1 unit, spec 301 Information Technology, 2 units, spec 401 Codes Administration, 6 units, spec 302 & 1 unit, spec 358 Building Inspections, 1 unit, spec 202 CD Field Services, 1 unit, spec 402 Traffic Engineering, 1 unit, spec 358 & 1 unit, spec 302 Paved Streets 1 unit, spec 302; 1 unit, spec 320 & 2 units, spec 516 Unpaved Streets 1 unit, spec 321 & 1 unit, spec 408 Concrete Construction 1 unit, spec 516 & 1 unit, spec 534 Street Drainage 2 units, spec 320 Mahon Library 1 unit, spec 401 & 1 unit, spec 402 Park Maintenance 6 units, spec 302; 1 unit, spec 358; 2 units, spec 396/769; 3 units, spec 506; & 1 unit, spec 522 Outdoor Recreation 1 unit, spec 101 Cemetery 1 unit, spec 302 Civic Center 1 unit, spec 302; 1 unit, spec 403 & 1 unit, spec 522 Animal Services 3 units, spec 414/730 Environmental Health 3 units, spec 101 Vector Control 1 unit, spec 408 & 3 units, spec 523 Solid Waste Disposal 2 units, spec 507 Solid Waste Recycling 1 unit, spec 415 Police Administration 1 unit, spec 358 Police Patrol 35 units, spec 201 Police Investigations 14 units, spec 102 Municipal Court 1 unit, spec 102 Police Administration 2 units, spec 102 Police Training 2 units, spec 102 Water Administration 1 unit, spec 415 Water Engineering 1 unit, spec 203 Meter & Customer Service 1 unit, spec 320 & 1 unit, spec 523 Pipeline Maintenance 2 units, spec 358 Water Pumping & Control 1 unit, spec 527 Water Production 1 unit, spec 507 & 1 unit, spec 514 Water Reclamation 1 unit, spec 522 & 1 unit, spec 300 Land Application 4 units, spec 523 439 Regular City Council Meeting November 21, 2002 Page 440 Electric Administration 1 unit, spec 101 Electric Production 2 units, spec 101 Electric Distribution Engineering 2 units, spec 300 Electric Distribution Overhead 1 unit, spec 203-NG Electric Distribution Substation I unit, spec 203-NG Electric Distribution Street Lighting 1 unit, spec 203-NG Electric Field Service 6 units, spec 300-L & 2 units, spec 301 Electric Distribution Street Lighting 1 unit, spec 300 The low bids are from the following companies: Gene Messer Ford of Lubbock, TX $1,358,893 Shamrock Chevrolet of Lubbock, TX $ 782,297 Scoggin-Dickey Chevrolet Buick of Lubbock, TX $ 726,312 J & B Trailers and Equipment, Inc. of Lubbock, TX $ 27,500 The low bids are within the Capital Outlay -Vehicle Replacement budget of each department. (29.) Resolution No. 2002-RO517 and Resolution No. 2002-RO5181BID #204-02/RS—for Medium and Heavy Duty Trucks (Fleet Services). RESOLUTION NO. 2002-RO517 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for medium and heavy duty trucks, by and between the City of Lubbock and West Texas Truck Center, Inc. of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0517. RESOLUTION NO. 2002-RO518 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for medium and heavy duty trucks, by and between the City of Lubbock and Lubbock Truck Sales, Inc. of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting November 21, 2002 Page 441 Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0518. This bid is for the purchase of medium and heavy Duty Trucks for Lubbock Power & Light, Paved Streets, Unpaved Streets and Pipeline Maintenance. The low bids are from the following companies: West Texas Truck Center of Lubbock, TX $273,068 Lubbock Truck Sales of Lubbock, TX $ 72,900 The low bids total $345,968 and are within the Capital Outlay -Equipment budget. (30.) Resolution No. 2002-R0519/BID #207-02/RS—for Off Road & Heavy Equipment (Fleet Services). RESOLUTION NO. 2002-RO519 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order off road and heavy equipment, by and between the City of Lubbock and Scott Tractor & Equipment of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 441 Regular City Council Meeting November 21, 2002 Page 442 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0519. This bid is for the purchase of off -road and heavy equipment for the Solid Waste Department, Paved Streets, and Pipeline Maintenance. The low bids are from the following companies: Scott Tractor & Equipment Company, Inc of Lubbock, TX $319,687 Associated Supply Company of Lubbock, TX $ 21,255 The low bids are within the System Capital Outlay -Heavy Equipment Replacement budget amount for each department. (31.) Resolution No. 2002-R /BID #225-02/RS—for City of Lubbock Parks Playground Construction (Park Development). This item was moved from Consent Agenda to Regular Agenda and was considered following Item 48. This item was continued. This project involves the construction of new playground equipment at seven new parks and at five existing parks and responds to the high priorities established in the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. In addition, the playground surfacing for the HUB City Playground is also included in the scope of work. The new playgrounds will meet or exceed accessibility requirements and they will feature a rubberized safety surface that will minimize injuries as well as provide enhanced accessibility for wheelchairs. The design of the playgrounds is based on input from neighborhood association meetings as well as a playground design contest through the Lubbock Independent School District elementary schools. Funding for this project will be obtained from the following sources: Source Budget Park Playgrounds, Parks Capital Project $588,000 Hub City Playground, Parks Capital Project 165,000 Sandlewood (Strong) 110,000 Skyview (Sims) 110,000 Chapel Hill (Reagan) 110,000 West End (Duran) 110,000 Smithlawn (Underwood) 110,000 Northridge (Cooke) 110,000 Horizon West/ West Wind (Lopez) 110,000 TOTAL $1,523,000 The low bid is $1,511,000 from Sandia Construction of Lubbock, Texas and is within the total budget for all parks. Motion was made by Council Member Patterson, seconded by Council Member Martin to continue this item to the time bids are concluded on Item 48. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. The next item considered was Item 13. (32.) Resolution No. 2002-R0520 /BID #227-02/RS—for Trenching, Boring, and Excavation Services for Lubbock Power & Light and Traffic Engineering — Annual Pricing (Electric Distribution). 442 Regular City Council Meeting November 21, 2002 Page 443 RESOLUTION NO. 2002-RO520 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for trenching, boring, and excavation services for Lubbock Power and Light and Traffic Engineering - annual pricing, by and between the City of Lubbock and H. D. Weaver Ditching Service, Inc. of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein — and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0520. This bid establishes annual pricing for underground work to be performed in the LP&L service area and on the campus of Texas Tech University, as well as work to be done for underground traffic signal equipment. Trenching, boring and excavation services are needed to maintain and expand LP&L's underground distribution system. These jobs shall be done in accordance with LP&L Specifications. The work or jobs called for in this bid shall be performed meeting all specified rules and regulations. The low bid is $165,840 from H. D. Weaver Services, Inc. of Lubbock, Texas as the primary supplier and is within the System Capital Outlay - Underground Distribution budget. Additionally, the bid of $187,503 from Deerwood Construction, Inc., of Lubbock, Texas as the secondary supplier is recommended in the event the primary supplier cannot deliver specified services when needed. (32A.) Resolution No. 2002-R /BID #227-02/RS—for Trenching, Boring, and Excavation Services for Lubbock Power & Light and Traffic Engineering — Annual Pricing (Electric Distribution). This contract is void. The secondary vendor withdrew the request to be considered for this award. The letter of withdrawal was received via fax by the Purchasing Department at 10:38 A.M. on November 21, 2002. Council started Regular Session at 10:45 A.M. without this information; therefore, this contract is void. 443 Regular City Council Meeting November 21, 2002 Page 444 Letter of withdrawal follows. '<2e92 ltl:3T ... 1a11-8 DEE 1) tI 7 02 a�? DEERWOOD CONSTRUCTION, INC. ; -5-1" The Sorah Plaln. Po. Orr. 2s Ysori" •L. November 21, 2002 City of Lubbock Purchasing Department Mr. Ron Shuflield, Senior Buyer PO Box 2o00 Lubbock, TX 79457 Dea< Ron, Thank you for the opportunity to be named as secondary supplier on the LP & L contract S dud is being awarded today. However, at this time, we mspectfudly decline this oticr. We look forward to working with you again on future bids for the City of Lubbock. Siursrcly, CEO (33.) Resolution No. 2002-R /BID #233-02/RS—for Construction of Security Measures at Various City Facilities and City Secretary Office Renovations (Facilities Management). This item was deleted. (34.) Resolution No. 2002-R0521/RFQ #258-02/BM—for New Model Traffic Preemption/Detection Equipment and Systems (Traffic Engineering). RESOLUTION NO. 2002-RO521 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for new model traffic preemption/detection equipment and systems, by and between the City of Lubbock and Houston Galveston Area Council of Houston, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager Regular City Council Meeting November 21, 2002 Page 445 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-RO521. This bid is for the purchase and installation of OPTICOM Equipment at twenty intersections within the City of Lubbock. This OPTICOM Equipment is part of the New Model Traffic Preemption/Detection Equipment and Systems contract number PE99-93, issued by the Houston - Galveston Area Council Cooperative Purchasing Program. This equipment, installed at strategic intersections throughout the City, will detect the approach of emergency vehicles and advance the signal in their direction to green and the remaining signals to red. This will serve to minimize oncoming traffic collisions with emergency vehicles in intersections and also expedite movement of funeral processions safely through intersections. Total cost of this equipment is $93,496.19 and is within the Systems Capitol Outlay —Traffic Control Budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 48. 11:30 A.M. PUBLIC HEARINGS Zoning (35.) Ordinance No. 2002-0 - ZONE CASE NO. 1281-E (3702 Slide Road): Hold a public hearing to consider continued request of James H. Dirks for City Bank for a zoning change from IHC to C-4 for an off -premise electronic message sign on Lot 2 less the north 481 square feet, Five Points Addition. This item was considered following Item 13. This item was continued. David Langston indicated that the bank requested to withdraw or continue this item. Planning and Legal are working on a mechanism for the sign on Slide Road to be on contiguous property and avoid the need for a zone case. The proposal will set up the circumstances for City Bank to file a Zoning Board of Adjustment request for a variance related to a sign on one of the center islands within the recently approved City Bank Drive. The street will connect Slide Road from approximately 37`h Street, behind the adjacent shopping center, to the future service road of the Marsha Sharp Freeway. The new street is being built by the bank to provide better circulation from Slide Road because of the eventual one-way status of the freeway service road. The islands will remain private property. The street portions will be public right-of-way. Because the sign would be on a parcel not connected to the bank, it becomes, by definition, a billboard. The current zoning in the area is Interstate Commercial. Billboards are not listed as a permitted use in the IHC District. Within the sign code, because they do not advertise the activity on the parcel, billboards are treated as a permitted land use versus simply being subject to the standards of size, height and setback of onsite signage. The variance that would be sought from the Zoning Board of Adjustment would include a reduction in the setback from Slide (from 43 Regular City Council Meeting November 21, 2002 Page 446 feet to approximately 25 feet) and allowance of an electronic message board as part of the overall sign. The presentation by the bank is intended to focus on the unique circumstances created by construction of the Marsha Sharp Freeway. While the staff is not unsympathetic to the plight of the bank finding their location eventually on a one-way service road, they will be in company with a large number of other business locations along the future freeway. They will also be in company with a large number of other businesses on one-way portions of Loop 289 and I-27. Although many of them were built aware of the one-way situation. City Bank was not. Adjacent land use in all directions is commercial. Since the area is zoned IHC or other commercial districts, the request does not rise to the level of a Comprehensive Land Use Plan issue. Zoning policy, and the fact that billboards are allowed in C-4 and not in Interstate Commercial, is the primary discussion. A 108 square foot freestanding sign (the size requested by City Bank) would normally require a lot with 270 feet of frontage on Slide Road, whereas the proposed lot is thirteen feet wide. Billboard size is not based on lot frontage, and a C-4 billboard is normally allowed to be 350 square feet. An additional item of interest has occurred since the Planning Commission hearing. An agent for Lamar Outdoor expressed keen interest in the case. The comment was made that if this case is approved, Lamar expects similar consideration for zone cases that will allow additional billboards along the Marsha Sharp Freeway corridor. The staff position on the zone case was in opposition primarily to the portion of the sign proposed to be a traveling message center similar (but smaller) to the new sign Texas Tech installed at 19th and Indiana. The staff will remain in opposition to any request to the Zoning Board of Adjustment for a variance related to the traveling message board portion of the request, unless agreement is reached regarding to the frequency of the messages. Since the Commission hearing, City Bank officials have indicated that they will investigate the possibility of limiting the number of messages that occur within a specific time period as an effort to solve the traffic related safety concerns and still have the flexibility of the change of messages. The ZBA recently approved a similar situation in front of Lubbock Christian University, with a maximum of four frames per minute. However, the traffic patterns on 19th Street in front of LCU represent a different atmosphere than 371h and Slide Road. The sign industry calls the message seen at any one time a "frame". The signs are computer controlled and built with an LED lighting grid that can reproduce either a scrolling (or rolling message), as well as what appears as individual messages, one after another. Regardless, the technology is measured in the frames; one is just moving faster than the second. The sign code prohibits reader signs within 1,000 feet of a street intersection with the following language: Section 29-26(c)(2) Prohibited signs. The following signs shall be prohibited in all districts: Signs with flashing, blinking, or traveling lights, regardless of wattage, which are located within forty-three (43) feet of any street right-of-way. Signs with flashing, blinking or traveling lights, regardless of wattage, and excepting time and temperature signs, which are located within one thousand (1,000) feet of any street intersection. The median location of this sign is in the middle of an intersection at approximately 37th and Slide road. After completion of the Marsha Sharp Freeway, the intersection will be on the south end of a very complex and confusing intersection. The proposal of an electronic sign would introduce a dangerous element in the area that may subject both the City and the bank to liability. Ems Regular City Council Meeting November 21, 2002 Page 447 During recent discussions at ZBA regarding the LCU traveling message sign request and another at Trinity Church on Loop 289 (which was denied), the following background information was prepared. The documentation is similar to the materials used in preparation of the current sign code made a part of the Zoning Code in 1975: A recent study (September 2001) by the Federal Highway administration reviewed existing literature and research to summarize the potential safety effects of electronic billboards (this paper will use the term electronic message signs) and tri-vision signs. While this report was inconclusive due to what it termed "theoretical and methodological reasons", it does provide a starting point for the discussion on the effects of these type signs on traffic. The FHWA report reviewed several studies and news articles that may be of relevance to this ZBA case. In 1967 a field study compared the crash history of three locations in Chicago before and after the installation of three illuminated, commercial changeable message signs. Crash rates did not change at two of the sign locations, but the third sign location showed an increase of crashes. The third sign had alternating lights, showed several advertising messages, and was illuminated by bright white lights. The Tele-Spot sign in Boston was an off -premise commercial electronic sign. The sign was visible from the Central Artery in the midst of complex on and off ramps (street intersections). The Massachusetts Outdoor Advertising Board conducted an analysis of traffic crashes three years before and two and a quarter years after sign installation. During the time period of the study, the Average Daily Traffic (ADT) decreased and subsequently did the number of crashes. However, on the areas of the expressway from where the Tele-Spot was visible, the crash reduction was 10 percent less than the overall reduction. The Board regarded the ten percent difference an indication that the Tele-Spot sign was a distraction and a safety risk, and consequently revoked the license for the sign. The Wisconsin Department of Transportation examined the crash rates on Interstate 94 eastbound and westbound adjacent to the Milwaukee County Stadium. The analysis compared the crash rates three years before and three years after installation of a variable message advertising sign. The Wisconsin DOT concluded from its analysis that the variable message sign had an effect on traffic safety, notably an increase in the rate of sideswipe crashes. The FHWA report went on to discuss several "potential safety factors". Some of these factors included distraction, driver age, roadway characteristics, and sign characteristics. Driver distraction was characterized as deterioration in driving performance, the primary task, while attending to a second, non - driving task. Safe operation or control of the vehicle is recorded with measures of effectiveness for driving. These measures include lateral deviation of the vehicle (staying within your lane) and maintenance of appropriate speed. In 2000 The Dallas Morning News reported on a court case in Texas that arose from a crash at an airport caused by a driver reading an electronic sign that listed departure and arrival times, and gate information. The driver stopped his vehicle to read information on the sign. A second vehicle swerved around the stopped vehicle and sideswiped a vehicle in the adjacent lane resulting in a three -vehicle crash. Two drivers were injured in the crash and sued the airline that owned the electronic billboard. A jury found that the sign was the indirect cause of a multiple vehicle crash at the airport and 447 Regular City Council Meeting November 21, 2002 Page 448 returned a negligence verdict against the airline. The airport subsequently removed the sign. According to the National Highway Traffic Safety Administration, due to inefficient or inappropriate scanning behavior, poor hazard recognition, and poor driving judgment and decision -making, drivers under 23 years of age are more likely to be involved in a crash than drivers of other ages, and are 2.5 times more likely to be killed in a crash than drivers 25 years and older. According to the FHWA report "Experience and age may be important factors to consider in the evaluation of the effects Electronic Billboards have on safety. The research literature provides a firm foundation for stating that age and experience need to be considered". It is reasonable to assume that around a university, there will be a high concentration of younger drivers. Different roadway characteristics exert varying demands upon driver attention and skill. At intersections, drivers are required to attend to multiple sources of potential conflicts, such as pedestrian crossings, changing traffic control devices, and turning maneuvers. Potentially distracting stimuli, including electronic message signs, may be particularly disruptive to drivers under the increased demands associated with intersection. The FHWA report goes on to explain that the motion component of an electronic message sign may be more of a distraction than message content. This possibility exists because viewing the motion requires time and if a driver wants to see the entire movement, then the driver will focus more on the display and less on the driving task. As a recap, two primary issues are involved: 1. Electronic signs are a distraction to the driving public. The new sign at Tech confirms the fact, if one believes the calls to the Planning Department complaining about the distraction. Between Codes and Planning, the staff has had more than a few. 2. Establishing a precedent for off site signs. The proposal is not equitable to those businesses that are not adjacent to a thoroughfare and are not able to place a sign directing customers to their business on the property of another business, or even on a separate parcel they own. Additional billboards along the freeway may also become an issue. With the background material being representative of why traveling message signs in the proximity of intersections were excluded from the 1975 ordinance, and because of the precedent for off premises signs that every business owner that is located a block off the adjacent thoroughfare, or on a one-way service road of the Loop, I-27, or the future freeway would like to have, the staff recommended denial of the request. The staff then recommended an alternative for the Commission to consider if discussion convinced them to recommended the request to the City Council. The staff recommended zoning the parcel C-4 with three conditions: 1. That the C-4 zoning be limited to one use, a billboard. 2. That no message board be allowed on the billboard. 3. That a recommendation be made to the Zoning Board of Adjustment for consideration of approval for a variance on the sign subject to the following: The billboard be limited to the naming of City Bank. The size of the sign be limited to seventy square feet. • The height of the sign is no taller than seventeen feet. 0 Setback as determined within the ZBA hearing. EM Regular City Council Meeting November 21, 2002 Page 449 After considerable discussion of the merits of the case, equitable treatment of all business owners and safety issues, a first motion to approve with only condition #1 noted above failed. A second motion to include the three conditions noted above passed, and the amended request is recommended by the Planning Commission to the City Council. Staff supports the recommendation of the Planning Commission, but remains wary of the precedent issue. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to continue this item. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 37. (36.) Ordinance No. 2002-0 - ZONE CASE NO. 1193-C (4002 North Interstate 27): Hold a public hearing to consider request of Shawn Fuller (for D&S Mobile Home Center) for a zoning change from R-1 to IHC Specific Use and IHI Specific Use for manufactured home sales, storage, and remanufacturing on Block 5, Edsall Acres addition. This item was considered following Item 45. This item failed. Mayor McDougal opened the public hearing at 11:34 a. m. Shawn Fuller appeared on behalf of D&S Mobile Home Center. No one spoke in opposition. Mayor McDougal closed the hearing at 11:39 a. in. The request for Specific Use zoning in the Interstate Commercial and Interstate Industrial districts will provide for a manufactured home sales lot and a storage area for units that require refurbishment. Mr. Fuller presented a site plan and a written work plan for approval by the Commission. That requirement was made in conjunction with a continuation of the case from a former meeting. As a part of the motion to approve the case to Council, the Commission informed Mr. Fuller that the agreed items noted below would be in place at the time of the Council hearing in November or the recommendation would be to deny the request. The City Attorney's office has supported staffs continued efforts to resolve this issue. The Planning Commission noted that several items of distinction have been accomplished since the start of this zone change request: • The screening fence of the refurbishment area (the IHI portion of the case) has been completed, including a gate on Ash Avenue. • A twenty-five foot landscape area has been delineated by a railroad tie barrier on the front of the north parcel. The area has been seeded and several small trees planted. The proposed landscape on the front is only about 3% of the parcel. IHC requests 10% adjacent to I-27. Since the lots are so deep and 10% would be an unusual square footage area, the Planning Commission is not in disagreement with the request of Mr. Fuller to have only the twenty-five foot landscape area, but is adamant that it needs to be tended to in a better manner than in the past. • A significant amount of rubbish and dead plant material has been removed from the site. • Units in the refurbishment area that are burned out or unusable have been removed. The remaining units are lined up in an orderly fashion inside the compound. • The drive from the service road to the paved parking pad is crushed material versus asphalt or concrete as normally required by the Code. Because of the length of the drive, the Commission ME Regular City Council Meeting November 21, 2002 Page 450 is not uncomfortable allowing crushed material as a substitute for paving. Items that needed particular attention by Mr. Fuller before the Council hearing included: • With the expansion of the facility to the west one-third of the south lot, the Commission directed that the area designated "sales lot" be covered with crushed asphalt or rock (#2 grade) at a rate of one cubic yard per sixty square yards of display area. The current sales lot should meet the same criteria. • The twenty-five foot landscape area should be extended to the south lot line of the south lot, with the exception of the drive area. • The drive area through the landscaped portion should be delineated; the railroad tie barrier would be consistent with the north lot. Additional items of discussion: • On the "future sales lot" (the east two-thirds of the south lot) a new drive has been bladed from Ash. When that lot goes into active use, a screening fence will be required on Ash. The drive is acting as a back way into the facility. When customers miss the service road entrance, they are going east on Purdue then south on Ash to the back to get into the lot. With the land to the east of Ash undeveloped at this time, the Commission is in agreement to allow the drive until the east two-thirds of the lot is made an active part of the business. • On the day photos were made, two units were "camped out" on the south "future sales lot". Haulers bringing units through Lubbock had parked there with the permission of Mr. Fuller. Fuller agrees that in the future they would be parked in a manner that appears to be a unit for sale or park in the refurbishment compound. — Thus, the Planning Commission recommended approval subject to compliance with the following conditions being in place at the time of the Council hearing: 1. That it be tied to the proposed site plan including the sales lot and refurbishment lot on the north lot, and the west third of the south lot as a sales lot. 2. That the east two-thirds of the south lot shall remain vacant until it is covered with crushed gravel or asphalt and a six-foot screening fence is installed adjacent to Ash Avenue. Until that time, access to the parcel from Ash shall be permitted. 3. That the drive and sales lot areas shall be covered with a #2 grade rock or crushed asphalt at a minimum rate of one cubic yard per sixty square yards of land area. 4. That the west twenty-five feet of both lots, with the exception of the driveway, shall be landscaped and clearly delineated. 5. That the six-foot screening fence of the refurbishment compound with a gate on Ash Avenue shall be properly maintained. The Planning Commission recommended denial of the request if these conditions were not in place at the time of this Council hearing. Staff supported recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments. He stated Mr. Fuller had met most of the requirements, i.e. Items 2-5. Mr. Henson said he thought Mr. Fuller had come up to par with what was asked of him. Mr. Henson also stated if this zone case was denied, Mr. Fuller would be issued a vacate order and he would have to move the business. 450 Regular City Council Meeting November 21, 2002 Page 451 Motion was made by Council Member Morrison, seconded by Council Member Cooke to pass on first reading of this Ordinance as recommended by staff. After further discussion concerning the length of time (since 1998) given Mr. Fuller to meet recommended conditions, Council Member Cooke withdrew his second to the above motion. Motion died for lack of second Motion was made by Council Member Martin, seconded by Council Member Boren to deny Zone Case 1193-C. Motion carried: 6 Yeas, 1 Nay. Council Member Morrison voted Nay. The next item considered was Item 38. (37.) Ordinance No. 2002-00126 - ZONE CASE NO. 2953 (3505-3509 22"d Place): Hold a public hearing to consider request of Hemmo & Karen Bosscher for a zoning change from R-1 to AM on Lot 2, Lot 3, and Lot 4, Block 1, Raymond Painter Addition. ORDINANCE NO. 2002-00126 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2953; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOT 2, LOT 3, AND LOT 4, BLOCK 1, RAYMOND PAINTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 35. Mayor McDougal opened the public hearing at 11:33 a. in. No one appeared on behalf of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. in. The request will accommodate development of a medical office. Adjacent land uses: North vacant and residential South — residential East — vacant West — medical The property is located within the AM Policy District south of 19`h Street and west of Indiana. The district has long been targeted for medically related uses, but the zoning has not been changed on many individual lots until the owner request. An overall zone case to the AM district would affect the tax basis of land for homeowners that have chosen to remain in the area. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The project will not affect the thoroughfare system in an unexpected manner. Staff and the Planning Commission recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00126 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 39. (38.) Ordinance No. 2002-00131-ZONE CASE NO. 2222-D (1701 33rd Street): Hold a public hearing to consider request of Wilkerson Investment Co. for W.W. Butler, Jr. to amend Ordinance No. 8782 to allow a restaurant (see recommended business name in conditions) as a permitted use on Lots 1, 2, and 3, Block 12, O'Neall Terrace Addition 451 Regular City Council Meeting November 21, 2002 Page 452 ORDINANCE NO. 2002-00131 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2222-D; AMENDING THE CONDITIONS OF ORDINANCE 8782 TO ALLOW A RESTAURANT AS A PERMITTED USE ON LOT(S) 1-3, BLOCK 12, O'NEALL TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 36. Mayor McDougal opened the public hearing at 11:56 a. in. Gordon Wilkerson appeared on behalf of Wilkerson Investment Co. No one appeared in opposition. Mayor McDougal closed the hearing at 12:04 p. in. In 1985, the property was zoned C-2A with a list of permitted uses from that district named in Ordinance 8782. A number of uses were omitted; one being a restaurant. The request is to amend the current ordinance to add "restaurant" as a permitted use. Adjacent land uses: North — office building South commercial East — commercial West residential The proposal is consistent with the Comprehensive Land Use Plan in that it is already commercial. Ordinance 8782 requires that a six-foot brick/masonry screening fence be built on the west line of the property. Several of the residents in the area expressed concern about what the building layout will be. Ordinance 8782 already requires a site plan review by the City Council prior to a construction permit. The proposal is consistent with zoning policy. One additional site related issue that the staff has addressed in recent strip commercial or free standing building cases is the need for a limit of the number of curb returns on the adjacent thoroughfare. With the amount of traffic on Avenue Q, the fact that this lot has only an approximate frontage of 140 feet, and the parcel is only about 150 feet north of the intersection of Avenue Q and 341h Street, the staff requested a limitation of curb returns to one on Avenue Q. Several adjacent owners at the meeting indicated an interest in not having a curb return on 33rd Street. The current ordinance does not limit street access to 33rd Street. In the interest of safety for patrons leaving the business, being able to enter 33rd Street, then enter Avenue Q from a stop sign versus a curb cut, is preferable. In addition, the residents of the neighborhood visiting the business can enter the property without negotiating Avenue Q. Not having the curb cut would not, in the opinion of the staff, reduce patrons leaving the business and traveling west on 33rd through the neighborhood. If cutting through the neighborhood were their intent, they would simply have to negotiate Avenue Q to make a left movement on 33rd Street. Loading all the patrons to and from this business at one point on a busy section of Avenue Q is not advisable. The Planning Commission recommended approval of the request to amend the ordinance subject to the following conditions: 1. That an additional permitted use be allowed as "specialty sandwich shop." 2. That the required screening fence be stepped down towards 33rd Street. 452 Regular City Council Meeting November 21, 2002 Page 453 3. That there be a maximum of one curb cut on Avenue Q and one curb cut on 33`d Street. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on first reading Ordinance No. 2002-00131 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 40. (39.) Ordinance No. 2002-00127-ZONE CASE NO. 2954 (110`h Street and west of Frankford Avenue): Hold a public hearing to consider request of Hugo Reed and Associates for Carl Mortenson for a zoning change from T to R-1 Specific Use for garden homes on an unplatted 4.0-acre tract of land out of Section 21, Block AK. ORDINANCE NO. 2002-00127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2954; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES, ZONING ON AN UNPLATTED 4.0-ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 37. Mayor McDougal opened the public hearing at 11:33 a. in. No one appeared on behalf of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. m. The request would adjust the residential zoning within the proposed Fountain Hills subdivision, adjacent to 110`h Street and Frankford. Adjacent land use is vacant in all directions. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The proposed garden homes are simply a design of single-family detached housing. The proposal will have no unanticipated effect on the thoroughfare system. Staff and the Planning Commission recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00127 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 41. (40.) Ordinance No. 2002-00132 - ZONE CASE NO. 1437-G (306 Toledo Avenue): Hold a public hearing to consider request of Jeff Petersen for The Griffin Children's Trust for a zoning change from C-2 to C-2 Specific Use for a cellular transmission tower on the northwest portion of Lot 3, Holliday Addition. ORDINANCE NO. 2002-00132 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1437-G; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER, ZONING ON THE NORTHWEST PORTION OF LOT 3, HOLLIDAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 38. 453 Regular City Council Meeting November 21, 2002 Page 454 Mayor McDougal opened the public hearing at 12:08 p. in. Jeff Peterson appeared on behalf of Sprint Alamosa. No one appeared in opposition. Mayor McDougal closed the hearing at 12:10 p. in. The request will provide for a cellular transmission tower Adjacent land uses: North — apartments South commercial East — church related facility West commercial (office zoning) The project does not rise to the level of a Comprehensive Land Use Plan discussion; the property is already zoned commercially. The Specific Use section of the zoning code has a number of items to be addressed by an individual requesting a new cell tower including: • Encourage towers in non-residential areas this tower is between a commercial and apartment area. • Joint use — there are no adjacent towers to facilitate the needs of this user. • Location where adverse effect is minimal the tower location is in an area north of a small strip center, somewhat screened from 41h Street. • The tower will be a monopole with a design to facilitate other users. • The one guideline not completely achieved by the proponent is that the tower will be located a distance equal to the height from a residential structure. The adjacent apartments are within a distance less than the height. While the ordinance does not distinguish between single family and apartment residential, it is the opinion of the staff that the original intent was primarily directed at low - density homes versus apartments. It is the opinion of the staff that the proponent meets the intent of the guidelines. Staff and the Planning Commission recommended approval of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00132 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin had left the dais. The next item considered was Item 42. (41.) Ordinance No. 2002-00128 - ZONE CASE NO. 2895-A (south of 82°d Street and east of Milwaukee Avenue): Hold a public hearing to consider request of Rick Betenbough for Quality Land Development for a zoning change from R-1 Specific Use to R-2 Specific Use (for duplexes with 20-foot front setbacks on a 2.62-acre tract of land), A-2 (for a church or apartments on a 5.97-acre tract of land), and GO (for professional offices on a 3.16-acre tract of land) out of Section 28, Block AK. ORDINANCE NO. 2002-00128 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2895-A; A ZONING CHANGE FROM R-I SPECIFIC USE TO R-2 SPECIFIC USE (FOR DUPLEXES WITH 20-FOOT FRONT SETBACKS ON A 2.62-ACRE TRACT OF LAND), A-2 (FOR A CHURCH OR APARTMENTS ON A 5.97-ACRE TRACT OF LAND), AND GO (FOR PROFESSIONAL OFFICES ON A 3.16-ACRE TRACT OF LAND) , ZONING OUT OF SECTION 28, BLOCK 454 Regular City Council Meeting November 21, 2002 Page 455 AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 39. Mayor McDougal opened the public hearing at 11:33 a. m. No one appeared on behalf of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. in. The request represents an adjustment of design and zoning for the new Monterey subdivision south of 82°d Street and east of Milwaukee. The current pocket of residential between a church tract and a commercial corner would be redesigned to accommodate garden offices on 82nd, an apartment or church tract to the south, and a row of R-2 lots south of 83`d as a buffer. Adjacent land use is vacant in all directions. The proposal is consistent with the concept of buffering within the Comprehensive Land Use Plan. The request is also consistent with zoning policies. The request will have no more than the anticipated effect on the thoroughfare system. The Planning Commission recommended approval of the request with the following condition: The R-2 Specific Use lots shall be allowed a twenty -foot front setback and, on corner lots, a five-foot side setback for both the structure and the side yard fence on the side adjacent to the street shall be minimum. Staff and the Planning Commission recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00128 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 43. (42.) Ordinance No. 2002-00133 - ZONE CASE NO. 2445-A (4216 50tn Street): Hold a public hearing to consider request of The DOOR for a zoning change from C-2A Specific Use to C-2A Specific Use for a 120- foot communications tower on a. 12 foot by 12 foot portion out of Lot 1, Commercial Addition. ORDINANCE NO. 2002-00133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2445-A; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2A SPECIFIC USE FOR A 120-FOOT COMMUNICATIONS TOWER, ZONING ON A 12 FOOT BY 12 FOOT PORTION OUT OF LOT 1, COMMERCIAL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 40. Mayor McDougal opened the public hearing at 12:10 p. in. Thomas Payne appeared on behalf of The DOOR. No one appeared in opposition. Mayor McDougal closed the hearing at 12:35 p. in. — The proponent is in the business of transmission of broadband data. Such non -fiber optic transmission requires a line of sight connection between sending and receiving points, and the communication tower is the only available alternative in this area as a structure to reach the desired height. Adjacent land use in all directions of this request is commercial. The project does not rise to the level of a Comprehensive Land Use Plan discussion; the property is zoned commercially. The Specific Use section 455 Regular City Council Meeting November 21, 2002 Page 456 of the zoning code has a number of items to be addressed by an individual requesting a new cell tower including: • Encourage towers in non-residential areas — this tower is in a commercial area. • Joint use — there are no adjacent towers or tall buildings to facilitate the need. • Location where adverse effect is minimal — the tower location is in a small strip center, at the side of a building facing 50th Street. • The tower is not proposed as a monopole the business owner is proposing a self-supporting tower, which has three or four legged supports connected by a lattice. The result is a more visible, and some feel less aesthetic look. The current code allows self- supporting as a permitted use in M-1 and M-2 districts, while all the cases but two in commercial areas (one in the medical district and one in the downtown area) have been approved as monopoles. The Planning staff and the Commission were not made aware that the request is for a self -supported structure prior to the meeting, though certainly by no fault of the proponent. The Commission requested Mr. Payne to investigate the alternatives for a monopole to be included in the discussion of the request with the City Council. Because of the current status of fiber optic connections and other electronic specifications within the building, the description of the need for the tower to be immediately adjacent to the business created agreement by the Commission for the need of the tower. The design needs further consideration. The staff verified with Mr. Payne that he will be expected to discuss the alternatives at the Council hearing. • The one guideline also not completely achieved by the owner is being located a distance equal to the height from a residential structure. The adjacent residential lots are approximately 105 feet from the tower base (of a 120 foot tower), and the homes vary in setback from their rear property line. Regardless, the fall distance is very close. The only method to have a full clear fall distance would place the tower in front of the store, and the objective of the staff and proponent is to have the base in as concealed a location as possible. The Planning Commission recommended approval to the request with the noted concern for the style of tower. Staff informed Mr. Payne the expected discussion of self-supporting versus monopole. Randy Henson, Senior Planner, gave staff comments. Staff recommended approval of this ordinance with the same concern for the style of tower. Motion was made by Council Member Boren, seconded by Council Member Cooke to continue this item to allow Mr. Payne to get with staff and further investigate alternative sites and get the information back for the December 12, 2002 meeting. City Attorney Anita Burgess stated federal law is fairly particular as it regards telecommunications. The federal government has allowed us to have some zoning authority, but there are a few caveats that would be important for the Council to deliberate as they look at this issue. They are as follows: 1) may not regulate such that it allows unfair advantage to any particular company; 2) may not regulate such that there is some kind of gap in coverage as it regards these wireless companies. Council must act promptly with a no delay provision. If Council denies a request for one of these telecommunications cell towers, they must make the denial in 456 Regular City Council Meeting November 21, 2002 Page 457 writing and based on substantial evidence that is before the Council; and 3) may not regulate based on the emissions that individuals have alleged come forth from these telecommunications equipment. Ms. Burgess stated these things were very important in the Council's consideration. Council Member Cooke withdrew his second. Council Member Martin seconded the motion. Motion failed: 3 Yeas, 4 Nays. Those voting Nay were Mayor McDougal and Council Members Cooke, Hernandez, and Morrison. Motion was made by Council Member Morrison, seconded by Council Member Cooke to pass on first reading Ordinance No. 2002-00133 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Those voting Nay were Council Members Boren and Martin. The next item considered was Item 44. (43.) Ordinance No. 2002-00129 - ZONE CASE NO. 2832-C (south of 761n Street between Avenue S and Avenue U): Hold a public hearing to consider request of Hugo Reed and Associates for Lubbock Land Company for a zoning change from R-1 Specific Use for reduced front setback to R-1 Specific Use for garden homes including a five foot side setback on corner lots and a five foot setback on cul-de-sac lots on an unplatted 36.6-acre tract of land out of Section 4, Block E. ORDINANCE NO. 2002-00129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832-C; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES INCLUDING A FIVE FOOT SIDE SETBACK ON CORNER LOTS AND A FIVE FOOT SETBACK ON CUL DE SAC LOTS, ZONING ON AN UNPLATTED 36.6-ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 41. Mayor McDougal opened the public hearing at 11:33 a. in. No one appeared on behalf of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. in. The request will amend the style of housing on this proposed tract from homes with a 20-foot front setback to garden homes. The garden home district allows for smaller lots compatible with the smaller homes being built in this area. The request parallels one or several similar previous zone cases in the area. Adjacent land use in all directions is vacant. The proposal is a part of the South Pointe and South Mesa developments between Avenue U and Avenue P, north of 82°d Street. The proposal is consistent with both the Comprehensive Land Use Plan and zoning policies. The request will have no effect on the Master Thoroughfare Plan. The Planning Commission recommended approval of this request subject to the following two conditions: 1. The side setback for lots adjacent to side streets shall be a minimum of five feet for both the structure and the fence of the back yard on the property line adjacent to the street. 2. The minimum front setback for structures on lots facing a cul-de- sac shall be five feet, with the exception of any front entry garage, which shall have a front setback of twenty feet. Staff and the Planning Commission recommended approval of this ordinance. 457 Regular City Council Meeting November 21, 2002 Page 458 Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00129 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 45. (44.) Ordinance No. 2002-00134 - ZONE CASE NO. 2658-F (south of 50th Street and west of Elgin Avenue): Hold a public hearing to consider request of Hugo Reed and Associates for U-Stor of America for a zoning change from C-3 to C-4 Specific Use for mini -warehouses on a 4.9-acre tract of land out of Tract E, Boardwalk Addition. ORDINANCE NO. 2002-00134 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-F; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR MINI -WAREHOUSES, ZONING ON A 4.9-ACRE TRACT OF LAND OUT OF TRACT E, BOARDWALK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 42. Mayor McDougal opened the public hearing at 12:54 p. in. Terry Holman appeared on behalf of U-Stor of America. No one appeared in opposition. Mayor McDougal closed the hearing at 1:00 p. in. The proposal would use an interior lot on the old Monterey Shopping Center property for development of a mini -warehouse project. The parcel will have a sixty -foot arm of the lot extending to 50` Street for access. The entry is approximately at the location of the main entrance to the former shopping center. Eventually, when the parcels on 50`h and the remaining lot on Gary are developed, the project will be substantially out of sight from the adjacent streets. W.D. Wilkins has bought the lot between their building and 501h for installation of a parking lot. Adjacent land uses include: North several vacant commercial tracts and a new car wash South a retirement center East a personal care facility West a vacant tract and Wilkins Furniture The proposal is reasonably consistent with the Comprehensive Land Use Plan. Regarding zoning policy, the Specific Use section contains the following criteria: a. Limited to single -story structures. b. Individual lease spaces shall not exceed two hundred -fifty (250) square feet. C. The storage of foods, which are explosive, highly flammable, or produce noxious odors shall be prohibited. d. No mini -warehouse development lot shall abut a street, which is the boundary of an abutting "R-1 " or "R-2" Zone. e. A six-foot solid masonry fence, or the equivalent, shall be erected and permanently maintained adjacent to any residential zone. f. The mini -warehouse structures, when visible from any residential parcel, or the fronting street of a commercial zone, shall be constructed of material, which is comparable in texture, color and quality to adjacent buildings in commercial zones. Such detail shall be specified on the site plan. (Identify materials) Regular City Council Meeting November 21, 2002 Page 459 g. Landscaping and setback requirements in "C-4" Zone shall be met as a minimum requirement. In this proposal, deviation from the five percent normally required is acceptable because of the interior location The proposed development plan for this project includes: The Zoning Board of Adjustment will address a sign package for the property. The signs illustrated by the photos and any future freestanding sign are subject to a sign permit and/or ZBA approval. The project will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 1. A six-foot screening fence will be constructed on the south line. 2. The walls of the units are brick. The buildings have a hip roof pitch similar to residential. 3. The required screening fence on the east line will be the building wall of an area constructed as carports for vehicle, RV and boat storage. 4. Landscaping for the project is limited to an area proposed at the entrance and along the entryway. Randy Henson, Senior Planner, gave staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass on first reading Ordinance No. 2002-00134 as recommended by staff. Motion carried: 4 Yeas, 3 Nays. Those voting Nay were Council Members Boren, Hernandez and Martin. The next item considered was Item 46. (45.) Ordinance No. 2002-00130 - ZONE CASE NO. 2355-A (south of 41h Street and west of Zenith Avenue): Hold a public hearing to consider request of Roosevelt Benson for House of Prayer Nondenominational for a zoning change from R-1 to A-2 limited to a church and church -related uses on an unplatted parcel of land out of Section 4, Block 0. ORDINANCE NO. 2002-00130 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2355-A; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES ON ON AN UNPLATTED PARCEL OF LAND OUT OF SECTION 4, BLOCK 0, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 43. Mayor McDougal opened the public hearing at 11:33 a. in. No one appeared on behalf of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. in. The request will accommodate a new church. Adjacent land uses: North — school site South — residential East — residential West — residential The request is consistent with the Comprehensive Land Use Plan and zoning policies. The church congregation was unaware when the land was 459 Regular City Council Meeting November 21, 2002 Page 460 purchased that it is not platted nor zoned for the church. The zone case and plat have been submitted and the project is underway. The proposal will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request for A-2 limited to church and church related uses. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00130 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 36. (46.) Resolution No. 2002-RO522 authorizing the Mayor to execute for and on behalf of the City of Lubbock a contract for bank depository services. RESOLUTION NO. 2002-RO522 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Wells Fargo Bank Texas, N.A. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager Administrative Services APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0522. This item was considered following Item 44. This contract will provide a full complement of banking services in coordination with the City's Cash Management Program. The contract term with the selected financial institution is three years with the provision for two one-year extensions. The City of Lubbock distributed a Depository Services Request for Application (RFA) to all banks in the City of Lubbock on September 3, 2002. The banks had 28 days to review the RFA. Approximately three weeks prior to the remittance deadline, the City held a pre -application M.1 Regular City Council Meeting November 21, 2002 Page 461 meeting for all interested parties. The banks attending this meeting included representatives from American State Bank, Bank of America and City Bank of Lubbock. The City responded to all questions posed at the pre -application meeting and followed up with a memo to all banks answering all questions through an addendum to the RFA. Once all RFA responses were received, the City's Cash & Debt Manager and the City's Investment Advisor (Patterson & Associates) reviewed each application response. An extensive comparison of all bank responses was created in order to evaluate the banks on the selection criteria listed in the RFA. The evaluations were then presented to the Depository Selection Committee for their approval. The bank comparisons were comprised of a scorecard of bank services, costs and interest earnings. The scorecard of bank costs was returned to each bank for their verification. All banks returned the cost scorecards with the approval of an authorized representative. This was done to eliminate any misunderstandings or miscalculations in the computation of costs. The City Attorney's office advised the Finance Department that state law governing the depository selection process does not permit negotiations after the applications have been received; therefore, we did not approach the banks for a final negotiation of their prices. A. RFA Calendar The following calendar of events was used for the Depository Services RFA: September 3, 2002 Distribute RFA to prospective financial institutions September 10, 2002 Pre -Application meeting September 12, 2002 Addendum #1 to Depository Services RFA, answering all questions posed at the Pre - Application Meeting. September 23, 2002 Addendum #2 to Depository Services RFA, answering all questions posed prior to the application deadline. September 30, 2002 Receive applications from interested financial institutions by 3:00 p.m., Municipal Building, 1625 13`h Street, Purchasing Department Room L04, Lubbock, TX. October 21, 2002 Review applications and discuss recommendations with City staff. November 21, 2002 Present Committee recommendation to the City Council November 21, 2002 Depository contract begins. B. Depository Selection Committee A Depository Selection Committee was formed to review the analysis of RFA responses prepared by the Cash & Debt Manager and Patterson & Associates. The committee consisted of: • Debra Forte' — Deputy City Manager • Quincy White — Assistant City Manager • Robert Massengale (retired) — Past -Director of Financial Services and Past -Director of LP&L • Andy Burcham — Interim Finance Director / Cash & Debt Manager • Linda Patterson — City's Investment Advisor C. Evaluation Criteria The committee review weighed bank RFA responses with the following criteria: 461 Regular City Council Meeting November 21, 2002 Page 462 Required service availability and performance 35% (including automated systems support) Cost of service 20% Earnings potential from interest, sweep 15% and earnings credit rates Convenience of services 10% Financial strength and stability 10% Completion of application and agreement to contract terms 10% EVALUATION RESULTS A. Total Score. The total scores based on the above evaluation criteria are as follows (based on a total possible score of 100 points): 3-Year 5-Year Depository; Score: Score Rank: American State Bank: 77.2 78.6 4 Bank of America: 99.3 99.3 1 Bank One: 88.2 89.8 3 Wells Fargo: 91.4 92.6 2 A summary of the total scores was provided Council in agenda backup. B. Required service availability and performance The required service ranking as approved by the depository selection committee, ranked the banks on a system with a maximum point scale of 426. The banks ranked as follows: Depository Score Percentage Rank American State Bank: 300 (70%) 4 Bank of America: 418 (98%) 1 Bank One: 381 (89%) 3 Wells Fargo: 413 (97%) 2 This ranking compared each of the banks in 19 areas of bank services. The areas with heaviest weight in this analysis included: Required financial institution information (including location, references, CRA rating), Account Structure/Sweep, Automated transaction systems/Daily balance reporting, Wire transfer services, Reconciliation/Positive Pay, Collection and Deposit Services, Reporting/Account Analysis and Optical Imaging. Following is a listing of specific areas that will be enhanced with a new banking contract. The following are basic services offered by the majority of the bank applicants. Most of these activities are not currently utilized, and will not add significantly to the cost structure in the new contract. Sweep. A sweep product takes the funds in the City's account and invests those deposits overnight in the City's choice of investments. With the automatic investment, all available funds can be invested without danger of an account overdraft. Each month, the City will receive a detailed statement, including all investment activity, investment rates and investment earnings. This audit trail will benefit the City by accurately tracking and monitoring our account activity without allocating valuable time and resources. Zero Balance Accounting (ZBA). The ZBA structure simplifies the management of all the City's depository accounts. The ZBA service enables the City to identify a master account for funding and as many subsidiary accounts as needed for disbursements or collections. The City will no longer have cash sitting idle in operating accounts and will save time and resources previously spent managing, forecasting and monitoring multiple accounts to ensure adequate funding. 462 Regular City Council Meeting November 21, 2002 Page 463 Positive Pay. A key to reducing check fraud loss is a product called Positive Pay. The City will provide an electronic file listing all checks written on City accounts each day. The bank will verify both the dollar amount and the check number as our checks are presented for payment. Any checks that fail to match the city's information, "exceptions", will be researched. If an unauthorized or altered check is identified, the bank will alert the City and we will review the item, indicating whether the check is to be paid or returned. Teller Line Protection. Teller line protection is also offered at all banks, with the exception of American State Bank. This offers further protection for the City if criminals attempt to go to the bank to cash a fraudulent check. The City's check issue information is integrated in the teller system. If the check does not match the City's issue file, the teller will not cash the check. Treasury Management Reporting. The City will enhance its cash positioning, investments and other treasury management activities with additional information reporting available today. Our accounting, finance and other departments will be able to access the same information on the same accounts at the same time. The integrated network will allow the city to manage receipts, payments and account balance information to better manage the City's cash flows. Current day and previous day reporting will be available. Wire Transfers. The City will be able to initiate and approve same day or future dated wire payments directly from our desktop. Security is the most important aspect of this service. Some of the safety features will include: the City will receive online notifications to verify that the wire transfer has been sent; we will be able to set transaction, approval and cumulative limits; we will be able to use dual administration, which will require a second person be involved with all transfer activities —all using 128-bit encryption. Late cut-off times for wire transfers are beneficial to the City's cash management program. Cut-off times for wire transfers are as follows for the applicant banks: De osito . Cut-off Rank American State Bank: 2:00 3 Bank of America: 4:00 2 Bank One: 5:30 1 Wells Fargo: 5:30 1 C. Cost of service The Cost of Services is the second highest weighted criterion in this RFA. A scorecard of bank costs was created to compare the costs of services among all banks based on estimated monthly activity volumes. Following are the results of that analysis: 3-Year Contract: Cost: Rank: 5-Year Contract: Cost: Rank: American State Bank: $341,113 4 American State Bank $568,522 4 Bank of America: $234,896 1 Bank of America: $411,068 1 Bank One: $263,050 2 Bank One: $447,550 2 Wells Fargo: $292,432 3 Wells Fargo: $487 386 3 The scorecard of bank cost of services was returned to each bank for verification. Each bank signed off on the cost calculation and verified that our assumptions and calculations were correct. This was done to eliminate any misunderstandings or miscalculations in the computation of costs (signatures received from each of the banks related to the contracted costs of services are in council back-up). We have hidden the detail on the signed reports, as this information is proprietary and confidential information of each of the financial institutions. A summary sheet of 463 Regular City Council Meeting November 21, 2002 Page 464 pricing was included in the backup. This summary lists the prices by major service category for a three-year period. Bank of America is the low cost applicant in the 3-year and 5-year timeframes. For the 5-year contract, American State is 38% above, Bank One is 9% above and Wells Fargo is 19% above Bank of America's cost of services. The major difference in prices between Bank of America and the other banks is in the Deposit Charges. D. Earnings potential from interest, sweep and earnings credit rates A twelve-month history of interest earnings was provided by each of the financial institutions. Bank of America had paid the highest amount on deposits from September 2001 through August 2002. Bank of America was followed by Wells Fargo (-17%), American State Bank (-23%) and Bank One (-35%). Historical rates are no guarantee of future rates; therefore, a review of management fees associated with the money market mutual funds could give additional insight into future performance. The fees and expenses that the city would pay to buy and hold shares of money market mutual funds would be as follows: Expense: Rank: American State Bank: 0.48% 3 Bank of America: 0.35% 1 Bank One: 0.39% 2 Wells Fargo: 1.25% 4 E. Convenience of services American State Bank, Bank of America and Wells Fargo rated equally in this area as all have locations within the City limits. At the current time, Bank One is located in Levelland, but has plans to locate branch offices in the City limits within the next 9 months. Bank One offered courier services to their offices in Levelland until the branches are open within the City. Therefore, Bank One received a slightly lower score in this area. Financial strength and stability and Completion of application and agreement to contract terms. All banks ranked equally on the final two categories. All banks were very timely in their response to the RFA and all banks are financially solid financial institutions. H. Community Reinvestment Act Rating The Community Reinvestment Act (CRA) Rating tells how each financial institution is helping to meet the credit needs of its community. For interstate banks (Bank of America, Bank One and Wells Fargo), the CPA performance is provided by its statewide performance. City staff checked with the Southwestern Branch of Comptroller of the Currency and the Federal Reserve Bank to determine if any local CRA information could be obtained. These offices did not have information at the local level and could not provide the names of any other agencies that could provide information at the local level. The ratings for the four bidding financial institutions are as follows: American State Bank Satisfactory (Rating Agency: FDIC) Bank of America Outstanding (Rating Agency: Office of Comptroller of the Currency) Bank One Satisfactory (Rating Agency: Office of Comptroller of the Currency) Wells Fargo High Satisfactory (Rating Agency: Office of Comptroller of the Currency) m• Regular City Council Meeting November 21, 2002 Page 465 SUMMARY: Based on the Depository Selection Committee evaluation, Bank of America, N.A. provides the highest level of services at the lowest cost with the highest interest earnings. Therefore, Bank of America, N.A. has the top rating in the Committee's assessment. Some of the evaluation criteria, such as "Convenience of Services," reflect the staff interpretation of the Requests for Application and the Council may review those criteria ratings and alter them if desired. Quincy White, Assistant City Manager, gave staff comments. Andy Burcham, Cash and Debt Manager. also gave comments. Council questioned convenience for employees and the banks' commitment to community. Motion was made by Council Member Boren, seconded by Council Member Cooke to award a contract for bank depository services to Wells Fargo as the City of Lubbock's financial institution with the contract term being three years and the provision for two one-year options to extend. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. (47.) Resolution No. 2002-RO523 authorizing the Mayor to execute a contract to provide services for a group health insurance plan. RESOLUTION NO. 2002-RO523 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract to provide services for a group health insurance plan, between the City of Lubbock and Blue Cross and Blue Shield and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House Managing Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0523. The City of Lubbock provides medical and dental insurance for all full- ime City of Lubbock employees. Employees have the option to purchase medical and dental insurance for eligible dependents. Retired City of Lubbock employees are allowed to retain medical coverage for themselves and eligible dependents. The health insurance plan has been provided by BCBSTX since December 1, 1999. 465 Regular City Council Meeting November 21, 2002 Page 466 A Request for Proposals for health insurance was announced on July 15, 2002. The RFP asked for proposals on three types of funding arrangements: Fully Insured, Minimum Premium Plan, and Administrative Services Only (ASO) with reinsurance. Explanations of the arrangements are: Fully Insured plan: A straight insurance arrangement. The expected claims liability equals a rate that is paid by the City. The City will never pay more than the rate times the number enrolled. The insurance company pays the cost for claims that exceed the expected liability. However, the insurance company retains the money if claims are below the expected liability. All administration fees are included in the specific amount charged by the insurance company. Minimum Premium Plan: Basically a fully insured arrangement, but if claims exceed the expected level, the insurance company provides reinsurance to pay the excess amount. If claims are below the expected level, the City retains the difference between the funded expected claims and the actual amount of paid claims, minus a 20% recovery. The Minimum Premium arrangement includes administration charges and a reinsurance premium. Administrative Services Only: An ASO is a partially self -insured plan. The insurance company sets a higher limit on the expected claims liability. This limit is typically 125% of expected claims. The City would be liable for the margin if claims reached the higher limit. If claims are less than the margin, the City would retain the difference between actual claims and the higher limit. Eighteen proposals were received. The respondents were: Claims Administrators/Medical/Dental Reinsurance Carrier/Pharmacy Benefits: B1ueCross B1ueShield of Texas, Lubbock, TX Texas Municipal League, Austin, TX USI Administrators, Fort Worth, TX United HealthCare, Plano, TX Unicare, Plano, TX Health Administration Services, Houston, TX FirstCare Southwest Health Alliance, Lubbock, TX ICON Benefits, Lubbock, TX Wausau Benefits, Wausau, WI Dental Plan Only: Ameritas, Dallas, TX Delta Dental, Irving, TX Pharmacy Benefits Only: SysteMed, Franklin Lake, NJ United Provider Services, North Richland Hill, TX Advance PCS, Scottsdale, AZ MaxorPlus, LTD, Amarillo, TX Walgreen Health Initiatives, Phoenix, AZ Eckerd Health Services, Pittsburgh, PA Scott White Prescription Services, Arlington, TX The City's consultant, Randy Martell, IPS Advisors, evaluated the responses. Each response was evaluated on a weighted scale based on cost, financial stability, communication, claims processing/administration, claims management reports, integrated systems and technology initiatives, network of pharmacies, and references. The weighted vendor selection criteria were provided in council backup. A committee was formed to evaluate the results of the RFP. The committee consisted of two local insurance agents, one City of Lubbock retiree, and four members of the City staff. M.. Regular City Council Meeting November 21, 2002 Page 467 The Committee met on three occasions before making a final determination. At the first meeting, the committee analyzed the results of Mr. Martell's evaluation. After further negotiations and additional information gathered by Mr. Martell, the committee recommended staying with B1ueCross BlueShield under a minimum premium funding arrangement. Members of the Council wanted to further examine the process and Councilman Boren invited each proposer to provide additional information and make presentations. After this review, staff was instructed to get claims information through October 31, 2002 and have each proposer submit new proposals or confirm proposal information based on (1) new claims data, (2) information on inpatient hospital discounts, (3) the hospitals in their networks, and (4) would discounts change if other hospitals were added to the network? The RFP committee reconvened to evaluate this information and information was presented today for a decision by the City Council. Quincy White, Assistant City Manager, gave staff comments. Bill de Haas, Contract Attorney, also gave comments. Ted Parker, President, ICON Benefits, Lubbock, Texas spoke. Mr. Parker stated his company had gone to their providers, specifically the hospitals and discussed their contract with the City of Lubbock with them. He stated he assumed Covenant Hospital knew what their costs and discounts average with their various PPOs generates to their facility. Based on that, Covenant gave a commitment as did some others to give a City of Lubbock specific agreement to give equivalent rates for the City's health care claim cost with competing entities. Therefore, there would be no advantage given to one vendor versus another. Council Member Boren asked if it was possible to get that verified. Amy Neal, who works with Linda Lauderdale of Covenant Health Systems Corporate Service Offices, stated she would contact Ms. Lauderdale for verification. Mayor McDougal asked her to give the information to Contract Attorney Bill de Haas. Karen Jones, Regional Sales Executive, B1ueCross BlueShield of Texas, Lubbock, Texas spoke. Rick Kopytkienicz, Davis, Allen Agency, Inc. representing FirstCare Southwest Health Alliance, Lubbock, Texas also spoke. During the break, Contract Attorney Bill de Haas had talked with representatives of Covenant to find out what exactly "equivalent" meant. They were unable to provide him with information on what their rates were. Covenant also told him the best source would be the plan providers. Mr. de Haas had provided Council with the same information. He stated he was unable to verify the discounts at this time. Council Member Boren asked if it was correct that B1ueCross BlueShield had a 15% deeper discount than anyone has provided. Mr. de Haas stated according to information provided that it was closer to 16%. Motion was made by Council Member Boren to award the contract to FirstCare/Ameritas with the fully insured plan on the basis that it is the lowest cost to the City. Motion died for lack of second. Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass Resolution No. 2002-R0523 and award the contract to B1ueCross BlueShield of Texas, Lubbock, TX. Motion carried: 4 Yeas, 3 Nays. Mayor McDougal and Council Members Boren and Martin voted Nay. Motion was made by Council Member Martin, seconded by Council Member Boren, to amend the motion that during the calendar year 2003 .,o Regular City Council Meeting November 21, 2002 Page 468 that the City of Lubbock rebid this as an ASO only plan. Motion failed: 3 Yeas, 4 Nays. Council Members Cooke, Hernandez, Morrison and Patterson voted Nay. City Manager Bob Cass pointed out that acceptance of any one of these proposals would also include a provision that would enable a council member who has served five years or more at the time of leaving the council to remain on the health insurance plan at their own expense. City Attorney Anita Burgess stated an associated document signed by the Mayor under this resolution would be necessary to effect this. This will be at no expense to the City of Lubbock. The next item considered was Item 50. 2:20 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 3:43 P. M. CITY COUNCIL RECONVENED City Council Chambers All council members were present. The next item considered was Item 52. Next item to be considered was rest of Item 47. (48.) Resolution No. 2002-R /BID #224-02/RS—for City of Lubbock New Parks Construction (Park Development). This item was considered following Item 34. This item was rejected. This project involves improvements for seven new parks funded by the September 1999 General Obligation Bond election and includes five-foot wide concrete walks, 49 acres of irrigation, electrical infrastructure and installation of barbeque grills, picnic tables and benches, as well as light grading. In addition, the scope of work includes establishing a caliche base for the playgrounds. The caliche base and concrete associated with the playgrounds were purposely placed in this bid to provide higher quantities of earthwork and concrete work for more favorable pricing. The project responds to the high priorities established in the Lubbock Comprehensive Park, Recreation and Open Space Master Plan of 1998. Each park design is unique to the neighborhood that it will serve. Each neighborhood association was invited to participate in four planning meetings to identify the priorities and layout of their park. Funding for this project is from the following sources: Source Budget Park Playgrounds, Parks Capital Project $ 68,000 (Earthwork/concrete only) HUB City Playground (Earthwork/concrete only) 15,000 Sandlewood (Strong) 108,950 Skyview (Sims) 100,608 Chapel Hill (Reagan) 64,014 West End (Duran) 121,758 Smithlawn (Underwood) 117,988 Northridge (Cooke) 124,363 Horizon West/ West Wind (Lopez) 124,364 TOTAL $845,045 The low bid is $663,318 from Saunders Construction of Lubbock, Texas and is within the total budget for all parks and $349,504 lower than the Regular City Council Meeting November 21, 2002 Page 469 next low bid. Note that acceptance of the second or third low bid would exceed the budget for these projects. On the Municipal Court Renovation Project by Saunders Construction, the contract Time for Completion from the Notice to Proceed date of June 18, 2001 was to be 120 consecutive calendar days or approximately October 18, 2001. The project was not completed until June 24, 2002. Other projects not completed on time by Saunders Construction include The Godeke Branch Library Terrace Addition and ADA curb ramps at various locations. However, dirt work and finished concrete work performed by Saunders in the past have been acceptable, even though not completed in a timely manner. On this project, Saunders Construction will perform only the dirt work and concrete work. The City contract has a liquidated damages provision as an incentive for them to complete this project on time. Saunders proposes to use David Teague, a licensed irrigation installer, for the irrigation work. We have been very pleased with the irrigation work that Mr. Teague has performed for us. The irrigation bid on the breakdown provided by Saunders is close to our estimates. Saunders will not be performing any specialty or difficult work for the City on this job. The specialty work has been included in other projects. While the Parks staff recommended awarding this bid to Saunders, City Manager Bob Cass did not. His experience has been far from satisfactory. City Manager Cass recommended that Council rejects the bids, realizing that this will delay the projects beyond the completion dates desired by the neighborhoods. Staff was authorized to meet with the company the week of October 18, 2002 in a last ditch effort to resolve this matter to his satisfaction. Mayor McDougal stated he had concerns with the low bid due to poor past job performance. Motion was made by Council Member Boren, seconded by Council Member Morrison to not accept low bid because of past performance on other jobs and accept the next low bid but consider the local vendor under the 3% rule. Tommy Gonzales, Assistant City Manager, gave staff comments. He related he had concerns with the past performance of Saunders Construction and had staff check with organizations Saunders had done work for in their area of expertise. He received only good responses. Council Member Morrison withdrew his second to the above motion. City Attorney Anita Burgess reminded Council that 3% local preference is going to be inapplicable to this particular bid. The statute speaks to being able to use the 3% local preference when purchasing real property or personal property that is not affixed to real property. This is neither. So the 3% local preference does not apply and cannot be considered. Council Member Boren withdrew his motion. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve this resolution as recommended by staff. Motion failed: 2 Yeas, 5 Nays. Those voting Nay were Mayor McDougal, Council Members Boren, Cooke, Martin and Patterson. Motion was made by Council Member Cooke, seconded by Council Member Patterson to reject the bids on Item Nos. 48 and 31 and instruct staff to rebid this project as soon as possible. Kelly Cook, KDC Associates, did the reference checks on Saunders Construction for the City. He stated he had numerous conversations with Saunders and even though they were leaving money on the table, they stood by their bid. Mr. Cook stated 1) if shots were fired, PVC piping prices would rise up to a 400% increased; and 2) costs of supplies would be going up after the end of the suppliers' fiscal year. Therefore, he had concerns from a budget standpoint if the bids were rejected and items Regular City Council Meeting November 21, 2002 Page 470 rebid. Mr. Cook also stated that he had conducted more due diligence on Saunders than they ever have with any other company. City Manager Cass suggested that if Sandia Construction would freeze their bid, Council might not want to act on 31 rather than award it not knowing what the other bid is going to be. It would depend on how long Sandia would freeze the bid. Mayor McDougal read concerns from references. Kay Saunders, Saunders Construction, responded to these matters. She negated most of the items. She told Council that Dr. Clemmons, Superintendent of LISD, told her he would give a letter of recommendation and he could be reached by telephone. Council Member Cooke amended his motion to reject the bid (on this item only) and request staff to rebid as soon as possible. Council Member Patterson accepted the amendment. Motion carried: 5 Yeas, 2 Nays. Those voting Nay were Council Members Hernandez and Morrison. The next item considered was Item 31. (49.) Resolution No. 2002-R authorizing the Mayor to terminate the cattle grazing agreement between the City of Lubbock and Franklin Cattle Company at the Land Application Sites. This item was deleted. (50.) Resolution No. 2002-RO524 adopting the Legislative Priorities for the 78th Texas Legislative Session. RESOLUTION NO. 2002-RO524 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City County of the City of Lubbock BE hereby adopts these legislative priorities for the 78`' State Legislative Session and the 108`h United States Congress for the purpose of defining the position of the City of Lubbock. Said Legislative priorities are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Legislative priorities is filed with Resolution No. 2002-R0524. This item was considered following Item 47. 470 Regular City Council Meeting November 21, 2002 Page 471 The Legislative priorities are a collection of statutory issues that the City proposes to initiate, support, or oppose in the State Legislature in 2003 as well as a legislative omnibus (Item 51) that will guide the Mayor as he directs the legislative effort. Tony Privett, Director of Communications and Legislation, gave comments. Mr. Privett had provided for agenda backup the following: Proposed City of Lubbock Legislative Positions in the 78t1' Texas Legislature November 21, 2002 1. Initiate Legislation the City would introduce and push for passage. I-1 Initiate a change in Chapter 615 regarding continued health insurance for a civil servant's surviving spouse and children, in the event that a civil servant is killed in the line of duty. I-2 Initiate legislation that negates the presumption of the creation of a joint enterprise between governmental entities that contract under Section 791 of the Government Code. I-3 Initiate a change that would limit a municipality's liability for certified medic services provided by a hospital district or a county. I-4 Initiate an amendment to Section 143.072(d) Subchapter E, Local Government Code to grant a fire fighter or police officer a leave of absence for initial training, annual duty, or recall to active duty in the military guard or reserves. I-5 Initiate legislation to enable Lubbock to market water from Lake Alan Henry to other entities and communities. I-6 Initiate legislation that will strengthen health, safety, and welfare laws to prevent private property owners from encroaching on a City's restrictive easements at Lake Alan Henry. I-7 Initiate legislation to amend Section 31.126 of Parks and Wildlife Code to establish concurrent venue in Lubbock County for offenses occurring on Lake Alan Henry or City of Lubbock owned real property located in Kent County or Garza County. I-8 Initiate legislation to enable the City of Lubbock to regulate the surface of Lake Alan Henry and to charge reasonable fees for recreational use thereof. I-9 Initiate legislation to provide for state remediation of unpermitted solid waste facilities in Lubbock County. I-10 Initiate legislation to allow a combination of law enforcement and military service credit to qualify for the age exception to take the entrance examination for a civil service position. 2. SUPPORT Legislation we expect to be introduced by other entities. S-1. Support legislation to allow cities the same interlocal agreement rights for fires services, which are currently available for police services between governmental entities. S-2. Support simplified statewide liability rules governing interlocal and mutual aid all -hazards response when a state or federal disaster is declared. This would allow all 471 Regular City Council Meeting November 21, 2002 Page 472 government agencies to respond to the highest -level emergencies in their region, without fear of unreasonable liability to its taxpayers. 3. OPPOSE Legislation we expect to be introduced that would have negative implications for the City. 0-1. Oppose any erosion of the City Council's zoning authority, or the addition of costs to cities as a result of down zoning. 0-2. Oppose any erosion of authority of cities to regulate the use of their rights -of —way. 0-3. Oppose any erosion of the authority of cities to regulate the location or siting of manufactured/industrialized housing. 0-4. Oppose laws that would mandate a required college degree as a qualification to become a peace officer. 0-5. Oppose legislation that would alter current requirements for the City to enter into collective bargaining or meet -and - confer procedures with police or fire associations. Mr. Privett stated staff recommended the following changes: Items I-2 and I-3 be pulled as they probably would not have a chance of passing. Items I-4 and I-10 be moved to the Support list. Item I-9 the last three words "in Lubbock County" be deleted. Mayor McDougal requested that Oppose 0-4 change from oppose to "strongly oppose". Mayor McDougal asked about anything that would weaken annexation powers. Council Member Martin requested this item be added to the Oppose list as oppose any efforts to weaken the home rule city's authority to annex. Mayor McDougal also mentioned the land application site and some type of legislation that would help to fund being able to go to full stream discharge. Maybe even something to help increase the capacities at the current treatment plant that would allow the City of Lubbock to help out the surrounding cities. He asked that this be put under the Initiate list. Also, Mayor McDougal stated that under local preference there is currently a 3% local preference rule for cities 200,000 and smaller. He would like to have that increased to 225,000 and increase the preference from 3% to 5%. Council Member Boren requested that the clause be expanded to include contracts for services as well as goods. Mr. Privett provided Council with the amended proposal as follows: Proposed City of Lubbock Legislative Positions in the 78th Texas Legislature November 21, 2002 1. Initiate Legislation the City would introduce and push for passage. I-1. Initiate a change in Chapter 615 regarding continued health insurance for a civil servant's surviving spouse and children, in the event that a civil servant is killed in the line of duty. I-2. Initiate legislation to enable Lubbock to market water from Lake Alan Henry to other entities and communities. 472 Regular City Council Meeting November 21, 2002 Page 473 Initiate legislation that will strengthen health, safety, and welfare laws to prevent private property owners from encroaching on a City's restrictive easements at Lake Alan Henry. I-3. I-4. Initiate legislation to amend Section 31.126 of Parks and Wildlife Code to establish concurrent venue in Lubbock County for offenses occurring on Lake Alan Henry or City of Lubbock owned real property located in Kent County or Garza County. I-5. Initiate legislation to enable the City of Lubbock to regulate the surface of Lake Alan Henry and to charge reasonable fees for recreational use thereof. I-6. Initiate legislation to provide for state remediation of unpermitted solid waste facilities. I-7. Initiate legislation allowing a majority of a municipality's governing body to approve the public inspection and copying of the certified agenda or tape of a closed meeting. I-8. Initiate legislation increasing local option purchasing discretion from 3% to 5%, and expand the local option clause to include contracts for services, as well as goods. I-9. Initiate legislation to create a funding source to help municipalities fund wastewater plant upgrades 2. SUPPORT Legislation we expect to be introduced by other entities. S-1. Support legislation to allow cities the same interlocal agreement rights for fires services, which are currently available for police services between governmental entities. S-2. Support simplified statewide liability rules governing interlocal and mutual aid all -hazards response when a state or federal disaster is declared. This would allow all government agencies to respond to the highest -level emergencies in their region, without fear of unreasonable liability to its taxpayers. S-3. Initiate an amendment to Section 143.072(d) Subchapter E, Local Government Code to grant a fire fighter or police officer a leave of absence for initial training, annual duty, or recall to active duty in the military guard or reserves. S-4. Initiate legislation to allow a combination of law enforcement and military service credit to qualify for the age exception to take the entrance examination for a civil service position. 3. OPPOSE Legislation we expect to be introduced that would have negative implications for the City. 0-1. Oppose any erosion of the City Council's zoning authority, or the addition of costs to cities as a result of down zoning. 0-2. Oppose any erosion of authority of cities to regulate the use of their rights -of —way. 0-3. Oppose any erosion of the authority of cities to regulate the location or siting of manufactured/industrialized housing. 0-4. Oppose laws that would mandate a required college degree as a qualification to become a peace officer. 473 Regular City Council Meeting November 21, 2002 Page 474 0-5. Oppose legislation that would alter current requirements for the City to enter into collective bargaining or meet -and - confer procedures with police or fire associations. 0-6. Oppose any weakening of home rule cities' annexation authority. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2002-RO524 as amended. Motion carried: 5 Yeas, 0 Nays. Council Members Boren and Cooke were away from the dais. (51.) Resolution No. 2002-RO525 adopting the Legislative Omnibus for the 781h Texas Legislative Session and the 1081h United States Congress. RESOLUTION NO. 2002-RO525 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City County of the City of Lubbock BE hereby adopts the Omnibus Legislative Policy for the 78`h State Legislative Session and the 108' United States Congress for the purpose of defining the position of the City of Lubbock. Said Legislative priorities are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Legislative policy is filed with Resolution No. 2002-R0525. The Legislative Omnibus is a general position statement that will guide the Mayor as he directs the legislative efforts of the City. Tony Privett, Director of Communications and Legislation, gave staff comments. He also acknowledged City Attorney Anita Burgess and her staff for the great work they do behind the scenes of drafting and redrafting bills. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Martin to pass Resolution No. 2002-RO525 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Hernandez voted Nay. 474 Regular City Council Meeting November 21, 2002 Page 475 Council Member Cooke was away from the dais. The next item considered was Item 10. (52.) Consider appointments to the Citizens Advisory Committee and subcommittees. This item was considered following first part of Item 47. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Kaye Greer, Ernest Merritt, Greg Jones, Phyllis Jones, Bobbe Crawford, Sam Silva, Art Glick, Ysidro Gutierrez, Carolyn Thompson-Conwright, Eddie Richardson, Reggie Davis, Vernita Woods -Holmes, Richard Molina, Paul Dannevik, Gertie Jeter, Jane Prince -Jones, Don Caldwell, Dr. Ken Jones, Lance Misner, Tommy Morris, Charlie Evans, Connie Lawrence, Jerome Schuetzeberg, Gwen Stafford, Janet Schmidly, Garry Owens, Jim Gilbreath, Gloria Ochotorena and Rafael Gonzales to the Citizens Advisory Committee and subcommittees. Motion carried: 7 Yeas, 0 Nays. Mayor McDougal stated that six more names were needed for appointment and then he would appoint a Chairperson from the appointees. (53.) Consider one appointment to the West Texas Municipal Power Board. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Randy Andrews to the West Texas Municipal Power Board. Motion carried: 7 Yeas, 0 Nays. The next item considered was last part of Item 47. 4:20 P. M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson made a motion to adjourn. Read and approved thi� day oif'i' ARC CDOUGAL, MAYOR ATTEST: R becca Garza, City Secret 475